Injured while Babysitting – Can I Sue the Homeowner?

Babysitters are an integral part of many people’s lives, and most of us assume that getting along with the kids they are supposed to take care of is the hardest part of their job. However, these people put themselves at risk whenever they go to work, since they are not in control of the environment that they are staying at for hours at a time. Some of these homes are in bad neighborhoods, while others are poorly maintained. Perhaps the family has a pet that is aggressive or lashes out because they are wary of a stranger in the house.

We have spoken with many babysitters and nannies over the years, who have sustained serious physical and emotional harm while they were at an employer’s home. Injuries lead to expensive medical bills, lost wages, and other problems that can set you back for many years. If negligence by another party is the reason you were injured, you have the right to seek monetary damages through a premises liability lawsuit. Alternatively, you can file a workers’ compensation claim if you are employed by a babysitting agency.

The key is to learn about your rights, which we can help you with here at Normandie Law Firm. Please contact a babysitting accident injury at the home of employer attorney to discuss the legal options that are available to you.

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Common Accidents that can Injure a Babysitter

When you are babysitting, you mostly think about the children and how to keep them safe from harmful situations. But you, as a babysitter, can also get hurt if there are conditions on the premises that have the potential to cause an accident. Some of these are due to the homeowner’s failure to maintain their property. Others may be blamed on pets that can lash out and bite or cause other serious injuries.

Examples of incidents that can result in a babysitter being injured include:

• Slip and fall
• Trip and fall
• Dog bite / animal attack
• Bitten by a spider, bed bugs, and other pests
• Exposure to toxic chemicals
• Assault and battery / sexual assault

Suing the Employer for Injuries at Their Home while Babysitting

Many babysitters are independent contractors, meaning they provide goods and services directly to a client rather than working for a specific employer. Thus, if you were injured at someone’s home in the course of babysitting, you would generally file a claim with the owner’s home insurance company. However, there are certain elements that you will need to prove in order to sue somebody that you were babysitting for:

• The homeowner owed you a duty of care as a guest or visitor.
• The homeowner breached their duty of care by failing to resolve a dangerous condition on the premises.
• Due to this dangerous condition, you sustained one or more injuries.
• Your injuries merit monetary compensation, such as lost income, medical expenses, and pain and suffering.

Some of these lawsuits involve complex circumstances, like suing a building owner or management company if the parent of the child you are babysitting is a renter. In that case, the hazard that led to your accident may be a situation that should have been taken care of by the owners / operators of the building. No matter who is liable for your accident, you can rely on us to represent your interests and secure maximum payment for the harm you suffered.

Filing for Workers’ Compensation

If you are a babysitter that works for an agency, you most likely have the option of filing a workplace injury claim. This is done through the state’s workers’ compensation program, though benefits are managed by each employer’s insurance company. These payments are based solely on the fact that you got hurt within the scope of employment, so you do not need to show that another party’s negligence caused you to be injured.

In some cases, you may have the right to file a third party lawsuit against the property owner, even if you are receiving benefits through workers’ comp. However, these are two different legal actions with very different rules and deadlines, so you should obtain help from a lawyer with experience in both workplace accident and personal injury claims.

How Much can I Receive in Compensation?

Claims for injuries during babysitting can settle for under $10,000 on the lower end, and over $5,000,000 if you have serious injuries with permanent complications. Your injuries are the most important factor, as they have a direct impact on monetary losses, such as medical expenses and lost wages. The degree of injury also affects your level of pain and suffering, which may be worth $100,000 or more.

You may also have the right to demand emotional distress, which has to do with the psychological injuries from traumatic incidents. This is most often associated with assault and battery or sexual assault cases, but intense emotional trauma can happen from other accidents, like being bitten by a dog. As you can see, there are many issues that impact the value of a lawsuit against a negligent employer. Our lawyers can help you figure out the amount of compensation you are entitled to, so please take a moment to contact us.

When will I Receive Payment from an Accident Injury Claim?

If you are a babysitter that qualifies for workers’ comp, you should start receiving payment within a couple of weeks after the submission of your claim. If you need to schedule a workers’ compensation hearing due to disagreements with the insurance company, it can take anywhere from a few months to over 1 year before you receive your settlement award.

If you are eligible for a lawsuit against the client / homeowner, reaching a settlement can take anywhere from a few weeks to over 2 years. Normally, payments are negotiated between us and the insurance company, and this process can take 4 to 8 months on average. However, cases with complicated circumstances (sexual assault, for example) and severe injuries will take longer to resolve.

It’s more than likely that a settlement will be negotiated without intervention from the court system, as only a tiny fraction of cases go to trial. In the rare event that a trial is needed, the timeline for a babysitting accident injury case is 3 or more years.

How Long Do I have to File a Lawsuit?

For the most part, the statute of limitations for accident claims against negligent homeowners is 2 years from the date of injury. However, if you were sexually abused on the property where you were babysitting, the time limit for a lawsuit is 10 years if you were 18 or older at the time.

For minors (babysitters under 18 years old), they have 22 years from turning 18 years old to sue for sexual assault during childhood. If they are older than 40 but there is a delayed discovery of physical injury or psychological damage from sexual abuse, they have 5 years from the date of discovery to file a lawsuit.

Now, let’s look at the deadline to file a workers’ compensation claim, which is much shorter than the amount of time for a personal injury lawsuit. First and foremost, you must report the incident to your employer within 30 days, though it’s in your best interest to contact them immediately. In addition, you must submit the required paperwork and supporting documentation within 1 year from when you were injured at the home where you were babysitting. Keep in mind, however, that you should file your claim as soon as possible. The longer you wait to submit your claim, the longer it will take to receive payment for lost wages and medical bills.

We understand that this is a lot to process, but don’t worry if you are confused about the statute of limitations for a babysitter injury claim. We can help you figure this out and ensure that the needed paperwork is filed in a timely manner.

Contact a Babysitting Injury Accident Attorney

Were you injured from a dangerous condition in someone’s home while you were babysitting? Were you left with medical bills and other expenses due to a slip and fall, dog bite, or some other accident at your employer’s house? The personal injury lawyers of Normandie are ready to fight for you and the compensation you deserve.

We are a contingency fee law firm, so you won’t pay a single dime in legal fees if you would like us to represent you. Instead, we receive a percentage of the settlement you receive from a babysitting injury lawsuit. We also have a Zero Fee Guarantee policy, so you won’t be asked to cover any of our expenses if we don’t win your case.

For more information on your right to sue for an accident while babysitting, give us a call and schedule a free case evaluation.