P-III.A · Insurance on Residential Properties
Workers' compensation for residence employees
The outline lists workers' compensation for residence employees as a homeowners endorsement. In California, it is built in by law: Section 11590 bars issuing or renewing a comprehensive personal liability policy without workers' compensation coverage for employees defined in Labor Code §3351(d), and any such policy is construed as if that provision were in it.
Section 3351(d) reaches household workers employed by the owner or occupant of a home, including a person employed for the care and supervision of children. Because this is workers' compensation, the worker does not have to prove the homeowner was at fault.
Labor Code §3352(a)(8) takes a household worker out of the definition of employee if, during the 90 calendar days before the injury, the employment was: - for less than 52 hours; or - for wages of not more than $100. Either test is enough. A worker with 45 hours and $900 in wages is excluded on hours alone.
Remember
· California builds residence-employee WC into comprehensive personal liability policies (§11590).
· Covered: household workers such as a nanny (Lab. Code §3351(d)).
· Excluded: under 52 hours OR $100 or less in the 90 days before injury.
CA
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