Caregiving
 
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Date Created:
April 7, 2008
Category:
Family & Friends »
Caregiving
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Public
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jane AARP Member
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jane
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snlutz AARP Member
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Caregiving

  New Topic   Group Forum (209)

Tips for surviving a snowstorm
By: jane on February 4, 2010 | Posts: 1 | Latest Post By: jane on February 4, 2010
Tips for travel with the frail elderly
By: earm on February 1, 2010 | Posts: 2 | Latest Post By: Retired2165 on February 1, 2010
My 87yr old WWII veteran dad despite several health problems received federal jury notice demanding service
By: swedesdotter on January 27, 2010 | Posts: 5 | Latest Post By: tinne on January 28, 2010
my dad's appt at VA hospital on Jan 13 cancelled by VA as he was getting on Van Tran
By: swedesdotter on January 27, 2010 | Posts: 1 | Latest Post By: jane on January 28, 2010
MAMSANDWICH, the Sandwich Generation!
By: mamsandwich on January 21, 2010 | Posts: 1 | Latest Post By: naturebeauty55 on January 27, 2010
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Christmas 09 005.JPG
 
Grandma Nan and CoCo
 
Nancy Jane - Grandma Nan approx 1942
 
Last Day of Farmers Market with Grandma Nan!
The puppies adore her!
 
Ol' Blue
 
Mosleys with Grandma Nan
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Group Journals (3)

Hire an Independent Contractor at Your Own Peril

The Classic Cycle: No Information to Information Overload

Families who are first navigating the waters of seeking appropriate in-home personal care or assistance for a loved one often report a similar cycle. 
 
First, the responsible family members might be anxious about finding the right in-home care option. Some do not even know that such services exist. Others are not sure about how to go about arranging services. 
 
Once information is received and a few phone calls are made, you can easily reach information overload. There are many home care agencies. But that is when the challenge begins. Not all are equal and not all maintain their caregivers as employees.
 
To Be Sure, Independent Contractors are Cheap!
Hiring an agency or company that insists its caregivers are independent contractors can be attractive. The cost could be as much as $5 less per hour – which translates into big savings over the long haul. 
The purpose of this presentation is to explain the pitfalls of hiring an independent contractor rather than an employee caregiver. 
 
There are many reputable companies that provide quality care and retain their caregivers as employees. I will explore what to look for and what specific questions to ask in a follow-on presentation. 
 
But…Cost is Only One Consideration
While a family must stay within budgetary constraints, the cost is only one consideration. 
When cost is the primary concern, families are tempted to “hire” an independent contractor or retain the services of a company whose caregivers are independent contractors. They do so at their own peril.
 
Workers Compensation versus Homeowners Insurance
Employers are mandated to provide Workers Compensation coverage for their employees. Since you are the employer with an independent contractor, this is your responsibility. 
If the worker sustains an injury on the job, liabilities can be substantial for that client to whom the caregiver is employed. 
 
Since many home insurance policies specifically excludes employees in the home, any incurred medical costs or disability payments would be borne by the client. This could cause significant financial hardships for even the wealthiest of employers. 
 
The Horror Stories…
While we would all hope that anyone who offers to care for an aging person in need of personal care or assistance was cut from the highest moral fabric, unfortunately this is not always the case. There are those in society who prey upon vulnerable people, taking advantage – financially and even physically – of people to whom care is entrusted. For this type of cruel person, it would be all too easy to mistreat, abuse or otherwise harm a cognitively impaired or physically challenged person. Again, this could subject the person in need of care to physical, psychological and financial abuse. The danger is real and because independent contractors have not been subject to the hiring processes of a company or agency, they might not have had criminal background checks performed or even past employment history verified. 
 
Supervision – Again, YOUR Responsibility
The Internal Revenue Service regulations clearly stipulate that independent contractor agencies cannot provide any substantive work supervision, scheduling or training to their workers without them becoming employees. If they do, the relationship becomes and employer/employee relationship. 
Supervision, training and scheduling can only take place by companies or agencies that hire their workers as employees. When a client hires direct, they are now responsible for all of those considerations.
 
Hire an Independent Contractor at Your Own Peril
The facts are clear:
•         If you hire an independent contractor to perform personal care for a loved one, YOU are the employer. As the employer, you are responsible for:
•         Workers Compensation
•         Federal and State payroll taxes
•         Insurance and Bonding
•         Scheduling (including replacements or fill-ins)
•         Training (could include CPR, First Aid, CNA, disease specific)
•         Supervision
•         If you hire a caregiver that works for an agency that employs independent contractors, see above because YOU are the employer…
 
 
 
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