Potential Issues When You Hire Your OWN Caregiver

Many families try to hire their own private caregiver directly as an “independent contractor” thinking they can save a lot of money by eliminating the Agency; however that caregiver actually then becomes your “employee.” The problem is this exposes you to any and all expenses, liabilities, and risks of having your own employee Caregivers who work the hours you tell them to work, that follow your directions, and use your home and equipment (e.g., drive your car to Dr. appointments, dishwasher, washer & dryer, vacuum, kitchen and household equipment) are legally your employees – not independent contractors. If the caregiver is injured on the job (for example, a back injury that won’t heal), who is liable? YOU ARE!

The caregiver you hire directly is now your employee, legally. Then you must withhold the taxes from the caregiver’s pay and pay it to the government. The IRS and your State hold you liable. Even if you and the caregiver have an agreement that you won’t be liable, you are still legally liable.

Your homeowner’s insurance may not cover this arrangement since the caregiver is being paid to work in your home and is legally an employee. You would need to check with your insurance company to see what coverages are included or excluded.

Heart of Mercy Homecare LLC caregivers are covered by Business liability insurance to compensate our clients for injuries sustained as a result of caregiver negligence, losses due to theft or damage, etc. We screen all caregiver applicants thoroughly and conduct national criminal background checks, and we conduct a psychological screening test. We carefully select caregivers for each client who are trained and experienced in the specific needs of that client. Our caregivers also receive ongoing monitoring from a Case Manager who is responsible for the client’s care.

HEART OF MERCY HOMECARE LLC IS LICENSED BY THE STATE OF TEXAS AND IS BONDED AND INSURED FOR YOUR PROTECTION AND OURS