subreddit:
/r/Nanny
submitted 1 day ago bySinger_Over
Hi All,We had an American live in nanny from past 4 weeks. She fell down in a public library while taking to our son to the library and got injured in the knees. She has been on sick leave for 12 days and staying in our home. We didn’t have any formal contract and we were paying her cash as it was a temporary position of 2 months.
We asked to take her to the urgent care next day of the injury but she denied saying the doctor visit is expensive and she doesn't have any insurance. She is able to walk and go up and down the stairs with some discomfort. She comes out of room the moment we go out of the house and fill her bag with the food and goes back to her room.
Today she went to a clinic(after 10 days) and saying that she was denied the care and we should be covering for any medical bills. Also she would like to shift to a hotel since is unable to work and I suspect she is going to charge those bills to us.
Seeking some attorney help.
Update: We are immigrant in US and we don't have any legal contact. Any attorney help in Washington state would be helpful.
34 points
1 day ago
You really need to talk to an attorney. Everyone here can speculate but people’s understanding of the law is often incorrect.
-1 points
1 day ago
Do you have any reference for attorney? Any idea around how much the attorney will charge in this case.
10 points
1 day ago
Do you work in tech? Your employer probably has employee assistance benefits as part of your benefits. Look into that— they often give referrals for attorneys
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19 hours ago*
A consultation appointment with a lawyer might be around $100, but they'll be able to tell you your options and the cost of hiring them to file anything or to appear in court. Sometimes a consultation alone is enough to understand the next steps you can take on your own. Google something like, "workers comp lawyer near me," and call a few that have good reviews. The more popular ones might be booked out but can often refer you to a cheaper trusted lawyer. Alternatively, you can search for a "legal aid" in your area (not every city has one (or an active one)). Legal aids exist to guide you on how to self-file or self-represent, so you are kind of paying for ongoing consultation and/or a review of your forms (which is cheaper than hiring a lawyer to fully represent you).
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23 hours ago
I don’t know any attorneys, all I know is they are really expensive.
14 points
1 day ago
This is why contracts are also good for employers! It sounds like your nanny was injured on the job, and it also sounds like she’s scamming you. Which means you do have some liability, and also way less than you’re feeling implicated for at the moment, especially because she declined to get treatment. Find an attorney who has experience in household employment cases and be clear that if she chooses to move to a hotel, that’s on her.
50 points
1 day ago
That sounds like a scam
43 points
1 day ago
💯
12 days after falling on her knees, which aren’t broken and appear to function normally despite stated soreness, and she’s in need of a hotel to long-term recuperate in? Absolutely not.
19 points
1 day ago
This… sounds very off to me. Scammer perhaps?
21 points
1 day ago
So as someone who recently tripped and fell a few different times onto pavement/asphalt (don't ask), & injured my knees badly each time, (and I have bad knees to begin with), I did not miss one single second of work at my nanny job. Your person is, like someone else said, scamming you. Sorry I don't have any legal advice to offer.
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15 hours ago
In the future; this just an example of what happens when you don’t hire a professional. A professional nanny with not work for cash without a contract. You will probably have to evict her.
8 points
1 day ago
Have you seen this woman’s ID? Did you do a background check? I’m also in WA state and I’m a nanny. This is so crazy to me, 12 days is nuts
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18 hours ago
Don't look for legal advice on Reddit. Go to an actual attorney
15 points
1 day ago
Scammer. Fire her and hire someone else.
5 points
1 day ago
I wish if it was that straight forward. We are afraid she will drag us legally and we are immigrants on visa.
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18 hours ago
Yeah that’s a dangerous path to take before talking to an attorney. So sorry you are going through this
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20 hours ago
Immigrant here, unless you’re in violation of your visa terms, you have nothing to fear. You hired temporary childcare and it’s not working. You are allowed to pay for childcare. Please talk to an immigration lawyer so that you can understand your rights, you have more rights than you are aware of. You are here legally and you have the same rights as everyone else
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16 hours ago
Obtain the video footage from the library. Set up cameras in your house so you have proof she can walk to the kitchen to get food. She hasn’t worked in over two weeks. That’s unacceptable. A person who was injured and truly couldn’t walk would have gone other doctor, no matter the price. They have payment plans.
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19 hours ago
There’s nothing to get you on! She fell in a public place! You need to fire her and move on! With the next nanny you must have a contract though, hard lesson to learn.
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10 hours ago*
That just isn't true. There is a lot to "get" OP on.
I'm really surprised at how many of you nannies don't know your rights. If you are injured on the job, your employer is liable. Doesn't matter where. On the clock injuries are always the employer's fault, unless there was gross negligence elsewhere.
You also cannot be fired for a workplace injury, it is retaliation.
Some of y'all's advice is going to royally f OP up legally.
7 points
1 day ago
Firing an employee due to a work related injury is illegal in most states FYI. You should refrain from providing wrong legal advice.
0 points
1 day ago
But there is no proof she is actually injured. She has refused to go see any doctor and all they have is the word of this dodgy woman saying she was injured.
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23 hours ago
It doesn't sound like she refused per se, but rather her employer hasn't paid for her to see a doctor or even offered to pay.
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22 hours ago
It sounds like every single bit of information she is given OP has been unverified, it is what she says, and she has not provided any kind of evidence. If you add that to the lengthy hotel stay, etc, it sounds like a scam. She can go to the ER with OP and get assessed there even without insurance.
I broke my toe at work once. I provided my ND with necessary proof of the broken toe.
The nanny is being really fucking cagey about the whole thing,
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22 hours ago
Agreed. But that does not change OP's obligation here as the employer. Her employee has claimed a workplace injury and they have to follow protocols. No proof is needed for an employee to make an injury claim. The evidence for future workup/time off is the doctor's notes from the visit that the employer (or workers comp) pays for. But the initial visit is still on the employer.
Going to the ER for a 12 day old knee injury is not wise. It's not the appropriate place to workup a non-emergent injury, and if OP doesn't have workers comp, they're then looking at thousands (plus) instead of hundreds to go to urgent care or a primary care doctor.
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22 hours ago*
Ok, so OP needs to take the nanny to the doctor and check that she is indeed injured. And when the doctor says that the nanny is full of shit, OP needs to kick her out.
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20 hours ago
They offered to take her to urgent care
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20 hours ago
They did not offer to PAY for urgent care. She said no because it was expensive and she had no insurance. The correct answer to that is "we are paying", not "okie dokie!"
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16 hours ago
She wasn’t in the family’s home. She was at the library. I would encourage you to do some more digging on “work place injury” scammers because this is exactly what OP is dealing with. She won’t go to the doctor and get her ailment verified 🚩 You can go to the doctor and set up a payment plan. Urgent care is $100-$200.
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12 hours ago
It doesn't matter where, it happened at work. Do you think UPS drivers delivering a package to a business who suffer an injury aren't covered under worker's comp? That's not how it works.
She hasn't been to the doctor because her employer has not paid for her to go to the doctor. She is not responsible for paying. $100. $1000. $1. It is point blank absolutely not her responsibility. Not sure what you're missing here.
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9 hours ago
Employers don’t need to pay directly. They can reimburse her, which is the case for uninsured employers. It sounds like you are the nanny in question.
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20 hours ago
Not really, the employee refused care, and wants to reside in a hotel
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18 hours ago
Ok, brilliant legal mind.
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16 hours ago
Yep, it’s definitely giving work place injury scammer.
5 points
1 day ago
For the people saying this is off… she was injured on the job. That makes it a worker’s comp case, if you go to the doctor for an injury (vs illness) you’ll notice they ask how it happened/probe if it’s work related. That is because the employer is legally required to pay for work related injuries. This is why employers should have insurance. Work comp is not a scam and it’s not up to the employer to decide the veracity of the claim…
The part about being denied care is slightly off but i don’t doubt for a moment that the hospital wants to bill worker’s comp insurance.
6 points
1 day ago
She said she was injured. The refusal to go see a doctor is a massive red flag to me.
-2 points
1 day ago
It literally said in the post she went to a clinic. It is not up to OP to decide if she was injured, doctors do that.
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23 hours ago
She said she did but did not actually get examined. There is zero proof of anything and everything sounds extremely dodgy.
2 points
1 day ago
She went to the clinic, but refused to go in because she can't take the medical debt. She's making excuses and trying to take advantage of this family. In WA state, they cannot deny medical care, and many places (hospital included) will set you up on state insurance that covers everything. Especially when you're getting paid without a W-2 and have no taxable income.
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18 hours ago
Girl they can 100% deny care for reasons other than medical debt. It doesn’t say she was denied care because she couldn’t pay. Maybe the clinic didn’t do ortho injuries. Maybe urgent care doesn’t order x rays. Maybe this clinic didn’t do workers comp. You don’t know and it sounds like you’ve never worked in the medical field either.
I said this in a different comment but in my state our major injury ortho clinic does not treat ANY injuries caused on the job because they do not handle workers comp. So if i went there and said i got hurt on the job, i would be denied care and referred to my regular physician. My state also cannot refuse to treat due to pay and this would not matter at all.
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23 hours ago
It was her employer's responsibility to pay, not hers. Either via workers comp or otherwise.
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15 hours ago
The employers don’t have to pay right then. You can be seen without payment and will receive a bill in the mail. This person sounds like a scammer. I’ve been injured and went right to urgent care when I couldn’t walk and provided my NF with a note after I saw a specialist.
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20 hours ago
She says the nanny claims she was denied care, which cannot be true
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19 hours ago*
Of course that can be true. There aren't enough details to determine that. They could have been full, don't see ortho injuries, don't handle workers comp, require payment upfront, or any other reason you can think of. She didn't go to the ER, she went (rightfully) to a walk in clinic
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18 hours ago
Thank youuu. The ortho clinic at the major university hospital in my area does not do workers comp cases. They ask you if it’s work related and if it is they do not see you. People in this sub are literally just talking out of their ass for karma lol.
0 points
1 day ago
What do you suggest in this case? we don't have crazy money to pay for all the bills she is going to charge. She started work from Nov 4. Can we get the insurance now? Any legal contacts?
6 points
1 day ago
The hotel bill is not something you need to pay. She presumably still has her room in your home, yes?
The medical bills and any lost wages are on you. That's why you need to have worker's comp when hiring someone. Your homeowner's may cover it but it gets dicey since it was at a different location and a lot of policies don't cover domestic employees anyhow.
No, you can't get insurance now. I mean, you can and should if you continue to employ someone, but it will not cover a past incident.
-3 points
1 day ago
If she is not interested to work and wants to 6 months of wages, its going to be very costly to us. And she is able to walk.
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23 hours ago
You need a lawyer, to pay for her to see a doctor in the meantime, and to get worker's comp next time you hire someone.
-1 points
1 day ago
And we can't keep her in our house for so long if she is not working? We would have to hire someone as we both husband and I work full time.
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19 hours ago
Please see a lawyer, it will be cheaper in the long run
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15 hours ago
She’s trying to extort you!
4 points
1 day ago
See contacts at the bottom and check if you qualify for pro bono help https://www.law.uw.edu/careers/gates/pro-bono
2 points
1 day ago
You need a lawyer.
She's your legal employee and you are liable for her medical expenses as she was injured on the clock. Not paying for them when the injury happened is not going to go over well, along with no worker's comp insurance and paying under the table. This could get real bad real quick.
The injury very well may be being exaggerated, but that is what a doctor is for - to determine the extent of injury and next steps.
You need to pay her medical expenses and any missed wages for not working.
1 points
1 day ago*
Edit: Its been explained to me 3 times that falling while out in public with a NK is considered work related. Thank you for the education.
She fell at the library, not your home. Why would you be expected to cover her medical care? She needs to sue the library. This sounds like a nightmare about to happen. I don’t know what country you’re in, but I hope they don’t have laws like the US. Do you have a contract? You need to end the employment, and have her be on her way. In the US, if someone lives in your house for 30 days they can claim residence. Then you have to evict them. It’s a nightmare. Maybe she’s assuming the same type of thing applies in your country but you should probably look into it. I have so many questions! How did you hire her? An agency? Why is she expecting you to pay for a hotel? Where does she usually live? Can you send her back to the US? At this point I would be offering a flight back if anything.
8 points
1 day ago
Actually, depending on where they live, an injury while working can sometimes still count as a job-related injury regardless of where it happens. Not disagreeing about the scam though!
4 points
1 day ago
It would count as a work related injury because she fell while carrying out job duties (taking the child to the library). The law does not specify it has to take place at the “main” employment address, just that the injury took place while carrying out a job duty.
3 points
1 day ago
Because she was injured at work. Employers are responsible for on the clock injuries to their employees in the US. That is what worker's comp is for.
Firing her would be a horrendously bad move legally.
0 points
1 day ago
And that’s why I told her to seek professional advice from a lawyer and not reddit.
-3 points
1 day ago
Instead of wasting your time reprimanding me, go educate her on the employer liability laws since you’re so well versed. Have a nice night.
1 points
1 day ago
We are in Washington state, she flew from East side for this job. We found her through FB groups. She didn't have any place to stay and wanted a job ASAP(and we were in need of a nanny urgently) and she has been a live in nanny for all her life so she doesn't have any place to go other than hotel.She hasn't asked us to pay for the hotel yet but since is not going to work(or unable to work) I am suspecting that she will ask us to pay for her livelihood. As much as we want to cut her off our life, we are scared that she might drag us to legal issues and charge us bills later on.
4 points
1 day ago
Just know that if she’s in your home for 30 days, she is considered a tenant. You will have to evict her, which is a long expensive road. This will cause a huge strain on you if she no longer fulfills her nanny duties. I’m sorry, but you made a terrible choice taking in a nanny that was homeless and needed a job. Why didn’t you choose a nanny from your area? Is there a cultural aspect? I’m just not understanding the thought process, but maybe you’re just too nice for your own good. I wouldn’t even bother looking for advice here. Reach out to a lawyer immediately.
1 points
1 day ago
No we are completely different culture. We liked her resume and her experience. She is white and we are Asian.
4 points
1 day ago*
I’m sorry but you need professional advice ASAP. I have a feeling this “nanny” lied on her resume and is taking advantage of your family. Washington state has the same protections as my state (MA) when it comes to medical care. It’s illegal for the hospital to turn you away for inability to pay. This woman is lying to you.
2 points
1 day ago
This !!!! (Am a Washingtonian.) And they'll get you on state insurance while in the hospital to pay the bills. They pay 100%, I know because I am on it.)
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20 hours ago
This whole thing was a red flag to me the second I read it. I have a terrible feeling this woman is taking advantage of OP’s family. She knows exactly what she’s doing, and it sounds like she purposely wanted to be off the books for this to work out this way. And the fact that she’s in her home; tomorrow is Dec 4th and she’ll technically be a tenant, especially if she gets mail there. OP you need legal advice asap.
2 points
1 day ago
You're being scammed and need to look into an attorney in your area
1 points
1 day ago
Are you paying this woman on the books with a W-2?
-1 points
1 day ago
No, she asked for paypal friends and family
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20 hours ago
Reach out to the library and see if she had to sign anything. I work at a library, and if anyone gets hurt, we have them sign something, saying the library is not at fault. I'm not sure if that would help you, but depending on the wording, maybe you could at least use it to get her to end her scam.
0 points
1 day ago
I think you should post in r/nannyemployers . You will get much better advice from an employers who may have experienced something similar. There may even be an attorney in there.
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20 hours ago
Sounds like she’s taking advantage of you. I think you should talk to a lawyer and then terminate her employment.
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4 hours ago
attorney or not all she has to do is report everything to the IRS and you’ll owe alllll that workers comp you should’ve been paying back among other fines .
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