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Responsibilities and Risks of Hiring an Independent Caregiver
There are many unexpected or hidden issues that consumers face when hiring caregivers privately for work in their home. You are creating a employer-employee relationship in most care situations. Both the worker and the consumer can suffer significant financial liabilities if they are not aware of the laws governing employment.
Payroll Taxes
Families of those receiving care are confronted by a confusing array of federal and state laws. The simplest and most direct requirement is that anyone who gets a paycheck must pay the government taxes. This includes social security, Medicare, federal and state unemployment, and state and federal payroll taxes.
When the consumer is the employer, they are responsible for compliance. If these taxes are not paid, the government may sue the consumer or their estate for back taxes, interest, and penalties.
If care is delivered over a long period of time, this tax responsibility can be substantial. Authorities can also seek civil fines and criminal penalties for nonpayment. Workers are also at risk. No payment into social security leaves them vulnerable in their old age, and no protection is afforded for periods of unemployment. Also, workers may not be receiving the minimum wage and overtime protection to which they may be entitled.
Work Related Injuries
Injuries are potentially the most financially devastating result for consumers and workers involved in an employer-employee relationship. If workers’ compensation protection is not provided (as mandated by law for employees in nearly every state), and the worker sustains an on-the-job accident, the liabilities can be substantial.
Medical costs and disability payments for workers can create financial hardship for even the wealthiest clients. For consumers who cannot afford to pay, the worker could be left with no help for a devastating injury.
Many consumers incorrectly assume that homeowner’s insurance will cover this type of loss. In fact, homeowner’s insurance usually specifically excludes employees in the home.
Abuse and Exploitation
Most workers who enter the home care industry are caring, giving people. Unfortunately, there are also those who know that it is very easy to take advantage of frail, functionally limited, often cognitively impaired clients.
Consumers and their families often do not have the resources to complete background investigations on their caregivers. This could subject the consumer to physical, psychological, or financial abuse. Families of the consumer can help, but time constraints and geographical distances make it difficult to monitor the situation.
The risks associated with entering into an employer-employee relationship often do not justify the perceived savings associated with lower costs. There are also many issues related to the instability of the work force and the possibility of a consumer being left alone when critical care is needed. This is especially concerning if family members live far from their loved one and cannot easily provide emergency or respite care if a regular caregiver doesn’t show up.
The safest solution for consumers considering in-home care is to use a reputable in-home care agency they have researched and trust. This can protect both the consumer and the employee from the issues outlined above.
state mandated CORI (Criminal Offenders Record Information)
Social Security Skip Trace (with counties by counties background checks),
Sex Offender Registry
Auto Insurance Policy point check
USE AN AGENCY and make certain they do background checks
Nursing agency's are not the best places to find a professional. The agency makes half the salary your paying, the person doesn't work for you, but the agency. The person is not allowed to give you there telephone number privately, or tell you if they are taking a day off. This all has to go thru their employer. And that is NOT YOU. Most of these people believe this is a job they can take off when they want because it's the agency's responsibility to find you coverage. So you may have no one or someone you don't know. As far as checking references they are very limited at the best. I have gotten jobs 10 minutes after I applied with the company, no way did they check anything.Didn't even have time to call NYS Education Dept of Professional Licenses.
You pay the agency $25 for a aide, why not hire privately a LPN/RN for the same price and hire a true professional. LPN can not assess a patient at all through their licenses and that at times becomes a issue. You can check their background just by call NYS Department of Professional Licenses and see if there have been any complaints. Even if a LPN/ RN is fired it goes to this NYS agency and they are called in to check out the situation.
Most people have problems because the aide is not checked and has from place to place and the families haven't bothered to file a police report.
Most people have problems because they want to hire a illegal for $150 per day and they get what they pay for. I have kept children and adults alive 3 times longer then they thought they would live because of quality great caring nursing..
Think before you put your parents in a nursing home or long term care, they might be able to live in their own home for the same price with the right quality care. look on Craigslist Resume and check that person out.
In a nursing home you might have one RN on evening shift with 120 patients and two ot three LPN's, and i aide for 12-15 patients/client what type of care can you truly expect. A RN is the only one that is allowed by law to assess a patient, the LPN can not and it does matter.
I have worked in Highly thought of long term adult homes, one RN director of Nursing days and one or two LPN's that might be agency and person care persons,not even aides.
Many nurses will care for both parents at the same time and treat them as if they were their parents, do outing and invite friends in and just act as there social person and yet be experienced to see if there is a underlying medical issue. Take them to the doctors and be able to explain to you what is going on because they have the education to ask questions and understand.
I do not thing nursing agency's are the answers but the easy way out. The family is doing the best they can but a lot is missing. A RN over sees the case but that I have seen is just not enough. Patients in hospitals get better care if people are around and checking on things. So this person hired could go to the hospital just as a family member and be there to make sure the person is getting the care they need. How many seniors have I seen with huge bed sores that no one should have but family not around so the senior doesn't get the care. Hospitals and nursing homes are way under staffed and we all know this 1st hand.
Any questions feel free to ask me.. I've been in the field many many years. I have closed nursing homes because of abuse and reported hospital for abuse and DOH we all know when where and who they are coming to see in NY. Dr so and so ....that means DOH is in house. How many complaints I have made about Medford Mult Care, Medford,NY and nothing done. I have many other that are now out of business because a patient died and the DOH did nothing. Others are still open and night staff sleeps. I have to be careful who and how I respond because I do care.
Hiring privately, you assume all that risk and liability on yourself.
So basically, if you enjoy gambling, you can go private. If you enjoy peace of mind and protection (not to mention subs if your normal person cannot make it), then an agency is your best bet.
I know what I'm talking about. I've seen them hired and fired. I was one of the very good and stable caregivers. You have to be very, very careful. Just because you choose what you think is a reputable company, that does not mean that the caregiver they send you is reputable. Be very, very cautious!
NOT ALL AGENCIES are like you described, and I would appreciate if you would consider that fact.
Our goal is life enrichment for our team and our clients. That costs a lot of money. We pay $10-12/hr and charge $20, which is not even enough to do all I want to do for our team and clientele. Taxes alone are 15-20% on top of that. So right there wages jump to 11.50 - 14/hr! The I have to insure in case of theft, damage or accident, as well as pay unemployment to the government for people who aren't working and workers compensation in case one of our team is hurt. That's another $50/per team member, PER MONTH! Not to mention that I have to pay for your drug screens, back ground checks, software to keep you with the schedule, another $18/per team member for continuing education for you, payroll processing costs (in house or outsourced still costs money), equipment, uniforms......etc.
So much more to this than you seem to understand. You want $25-$30 per hour, and that is just for you! Who is the one that is worried about the money here???
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