Can Injured Household or Domestic Service Workers Receive Workers’ Comp Benefits?


Can Injured Household or Domestic Service Workers Receive Workers’ Comp Benefits?

Working as a household worker or in domestic service is not only hard work, but work with a risk for injury on the job. When workers and their families depend on wages from household work, getting injured can lead to their financial hardship. They may get fired or have trouble finding a suitable job.

Some household and domestic workers can receive workers’ compensation benefits when they get injured while working. The benefits may include payment of medical expenses and payment of lost wages for time they cannot work. In addition, workers’ comp can cover job search help and even retraining to work in a different industry.

Only Some Household Workers Qualify for Benefits

To qualify for benefits, household workers must meet earnings requirements set by Minnesota law. The law says that covered workers must earn $1,000 in cash or more in a three-month period from a single home or household. (Minn. Stat. § 176.041, subd. 14.) In other words, a house cleaner paid $200 per cleaning for twice-monthly cleanings of a large house could not receive workers’ compensation for an injury sustained while working at the house. But a housekeeper who works three hours a day and five days a week at $20 per hour would be eligible for benefits.

Workers who have earned $1,000 or more from a single household in a three-month period during the past year before the injury also can receive benefits. It does not matter if a worker has earned $1,000 in the last three months.

What Is a Household Worker?

The law says that a “household worker” is a domestic worker, repairer, groundskeeper, or maintenance worker for private home or household. This could include housekeepers, maids, cleaning people, cooks and chefs, gardeners, and more.

Some household workers have their own businesses and work for several different households. Independent contractors do not receive workers’ compensation benefits. You must qualify as an employee of a household to be eligible. If you do not have your own business but work for a few households part-time, you may still be an employee under the law. If you got injured on the job, talk to a workers’ compensation lawyer, who can help determine if you are a contractor or employee.

Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.