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Thread: How many people employ live-in aides

  1. #31
    Senior Member Cowboys_Place's Avatar
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    Does anyone have to pay workers' compensation insurance for these caregivers?
    What is main way they are paid, out of your pocket, by the state or some other way?

    Currently my mother is my primary caregiver but I'm not sure how much longer she will be able to do it. I pay someone (under the table) to help for an hour or two in the mornings but can't afford anyone for the evening's and still be left with enough $ to live on. I don't/can't qualify for assistance do to a financial settlement I received after my accident, it's enough to live on or pay for caregivers but not do both. The lawyer made sure he got his cut of the pie though so I'm between a rock and a hard place..
    Courage is being scared to death but saddling up anyway. .(John Wayne)

  2. #32
    Senior Member zillazangel's Avatar
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    Don't pay under the table .... its a huge amount of hassle/paperwork to pay "above the table", but all it takes is one disgruntled worker to turn you in for paying under the table and you are screwed. And, it also relates to work comp - the state will assign you a percentage of their wage you have to pay the state in work comp, then if they are injured while working for you, they are eligible for state-paid worker's comp. If you don't, and they are injured, not only are you on the hot seat for paying undocumented, but also you would be liable for all their medical care associated with the injury. Which can often be an "injury", if you know what I mean.

    And basically if you are above the federal poverty line there is very little in the way of assistance to pay aides other than straight out of your pocket. It sucks.

  3. #33
    Senior Member zillazangel's Avatar
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    KLD - be aware that even though you can fire someone and evict them, if they choose to not leave, in most states, the employer cannot force the renter (PCA in this case) out on the street. If they refuse to leave - even if they clearly violated the contract that is signed - there is not a legal way to put their belongings on the back step and change the locks. I don't recall what it is call, but its basically a squatter's law that protects the person who is the squatter, which in this case is the PCA. I know this because it has happened twice to my husband back when he lived alone with a PCA. In one case, the PCA was persuaded to leave after a few weeks after he was fired and asked to leave the premises. THe other, he stayed for several months and they could not legally evict him and they were stuck with this bozo in the house for months until he was finally convinced to leave. In both of those cases, there was a signed, written contract that was drawn up by a lawyer even, so it wasn't a case of a poorly worderd contract. It was a squatter's law that trumps the contract, at least in NC. So, while it sounds great to just fire and evict them, it isn't always that easy or clear cut. Now mind you, we've fired LOTS of aides who did leave immediately, so its not an absolute that there will be problems. BUT, do think long and hard before you offer someone room and board as part of the compensation.

  4. #34
    Senior Member Van Quad's Avatar
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    Good info

  5. #35
    On the waiver program my husband began in January the worker comp fee is taken from his budget.
    Our headache is finding our own people because there is not an agency that will take anyone with the level of care he needs.
    I can do everything he needs, I just can't do it all as hard as it was to come to terms with.
    We had to be nearly impoverished to qualify, but at least I have an income.
    Most of his SS and all of a private disability monthly payment go to the state before anything is paid.

  6. #36
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    Quote Originally Posted by zillazangel View Post
    KLD - be aware that even though you can fire someone and evict them, if they choose to not leave, in most states, the employer cannot force the renter (PCA in this case) out on the street. If they refuse to leave - even if they clearly violated the contract that is signed - there is not a legal way to put their belongings on the back step and change the locks. I don't recall what it is call, but its basically a squatter's law that protects the person who is the squatter, which in this case is the PCA. I know this because it has happened twice to my husband back when he lived alone with a PCA. In one case, the PCA was persuaded to leave after a few weeks after he was fired and asked to leave the premises. THe other, he stayed for several months and they could not legally evict him and they were stuck with this bozo in the house for months until he was finally convinced to leave. In both of those cases, there was a signed, written contract that was drawn up by a lawyer even, so it wasn't a case of a poorly worderd contract. It was a squatter's law that trumps the contract, at least in NC. So, while it sounds great to just fire and evict them, it isn't always that easy or clear cut. Now mind you, we've fired LOTS of aides who did leave immediately, so its not an absolute that there will be problems. BUT, do think long and hard before you offer someone room and board as part of the compensation.

    where did you find your live-ins? Sounds like you've managed to find quite a few... how did you determine they were even remotely dependable/trustworthy before moving them in?

  7. #37
    Can't speak for zillazangel, but for my mother, we ALWAYS get a private investigator to do a background check on any of her PCAs (live in or part-time) PRIOR to employment, and we also check all references personally. Not a guarantee, but better than not doing it, and money well spent.

    (KLD)

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