Nannies, Babysitters, Home Based Carers, Mothers Helpers Why do you need Public Liability Insurance As a nanny or home based carer, babysitter, mothercraft nurse, mother's helper or house keeper/ nanny you could be held liable for personal injury or property damage. With Public Liability Insurance you have the peace of mind of knowing that you are protected in the event that you are held legally liable for the injury or property damage. Imagine if a child was injured whilst in your care and became a paraplegic. The amount of this claim could be millions of dollars as the child would need to be compensated for the permanent effect such an injury will have on the rest of their lives. Without Public Liability Insurance, the carer is left to pay the claim out of their own pocket and is likely to be in debt for the rest of their life. Even with the best of intentions and the most diligent care, accidents can happen. Here are some scenarios you may wish to consider. Example One The carer places the baby on the change table. While she turns around to check on the other child, the baby rolls off the change table and falls on the floor. The parents take the baby to the hospital and x-rays reveal that the baby's scull is fractured. A claim is made against the carer for medical expenses and compensation for the lifetime effect the personal injury has caused to the child (eg scarring and brain damage). If the court determines that the reason the incident occurred was due to the negligence of the babysitter ie the supervision was not adequate because the carer was attending to the other child in care at the time, then the carer would be held liable and would have to pay the claim out of their own pocket unless they had a Public Liability Insurance policy to protect them. Example Two The carer is cooking and hears the children arguing in the lounge room. She goes to check on the children, but by the time she returns to the kitchen, the kitchen is on fire. If the family doesn't have home and contents insurance or their home and contents insurer won't cover the claim because the carer was negligent, then the family would claim against the carer to pay for the costs to repair the damage. The carer would have to pay the costs out of their own pocket unless they had a Public Liability Insurance policy to protect them. Would the Home and Contents legal liability cover you? The Home and Contents Legal Liability Insurance will usually cover the part-time temporary care of children. However, the intent of this cover is for the occasional time that you/daughter/son etc might earn a bit of pocket money doing some babysitting from time to time. The policy is not designed to cover someone earning a regular living out of providing a nanny, babysitter or other childcare service. The most important thing to remember is that as the carer it is your Insurance that must provide the cover ie your Home and Contents Legal Liability that must cover your service activities. If a child is injured in your care as the result of your negligence, the claim will not be covered under the family's Home and Contents Legal Liability insurance because it is you, not the family that is negligent and the family's insurance does not cover your negligence. It is uncertain if the family's Home and Contents policy would cover property damage caused by you either. We recommend that you contact your Home and Contents insurer and advise them about the activities you will be doing. If they choose to insure you, then you need written confirmation from your insurer that they have extended the policy to cover your activities. If they won't cover you, you would need to arrange your own Public Liability Insurance. I don't have home and contents insurance? If you don't have home and contents insurance then you will need to arrange your own Public Liability Insurance cover. I am employed by the family? Regardless of whether you are an employee, contractor or sole business you can be held liable for personal injury and property damage. The only way to protect yourself is to be covered by a Public Liability or Legal Liability Insurance policy. If your Home and Contents Legal Liability won't cover your activities, then you will need to arrange your own Public Liability Insurance. I usually live at home with my parents? If you usually live at home with your own parents then your parents need to contact their Home and Contents insurer to find out if they will cover their daughter/son providing a childcare service. If they won't cover you, you will need to arrange your own Public Liability Insurance cover. Altiora Childcare has more than 20 years experience working with the childcare sector. If you would like to work with an experienced and dedicated insurance partner that shares your passion for childcare, contact our childcare insurance team on: |
We may recommend Altiora Insurance Solutions Pty Ltd (AIS) as an insurance provider. AIS act as an underwriting agency and Altiora Childcare may use AIS to obtain insurance. As members of the same corporate group we may benefit from this recommendation as it improves the profit of the group. Any recommendations we make about this insurance is general advice only and doesn't take into account your particular needs and circumstances. |
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