Most New Jersey employees are entitled to workers’ compensation coverage that reimburses them for medical expenses incurred as a result of on-the-job injuries and replaces some of their lost wages. However, many individuals who have worked within a household have traditionally fallen through the cracks of the legal system designed to protect employees. Now, a new law gives qualifying domestic employees several important rights, including workers’ compensation benefits. 

Under the Domestic Workers' Bill of Rights, people employed to perform some type of household labor for at least five hours per month now can file a claim if they are hurt during the course of their job duties. One of the key provisions of the law is the requirement for a written contract between domestic employers and their workers. The contract must be provided in the employee’s preferred language and should outline the terms of employment, including wages, work hours, job responsibilities and a declaration of workers’ comp coverage. This requirement aims to create transparency and reduce disputes between employers and employees.

Failure to secure workers’ compensation coverage can result in legal and financial consequences for employers. This provision recognizes the many ways in which domestic employees can suffer serious injuries, such as:

• Falls — Housekeepers frequently clean or polish floors within their employer’s home. This can create slick surfaces that lead to falls.

• Outdoor accidents — Landscapers and handymen are often required to engage in physical work that might involve ladders, hauling of heavy loads and motorized equipment. 

• Vehicle collisions — Numerous job listings for nannies specify that candidates must be required to drive. In many cases, part of this role is to take a family’s children to and from school and extracurricular activities. 

• Cooking mishaps — Many injuries occur in the kitchen, including burns and severe lacerations that occur when a cook is cutting or chopping food. 

If you have a job in someone else’s household for at least five hours a month, it is important to understand your rights, especially if you’ve been injured during your work. Don’t agree to an informal resolution with your employer until you speak with a qualified attorney about obtaining the workers’ compensation benefits you are entitled to.  

Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC, with offices in Newton and Succasunna, represents injured employees in New Jersey workers’ compensation claims. To schedule a consultation, please call 973-737-1023 or email us at [email protected].