A legal question for people who work professionally in the pet care field?
Question by Boss: A legal question for people who work professionally in the pet care field?
I asked this in another section and got no response so I’ll give it a try in Dogs 
If an individual is employed by a small pet care business, like a grooming salon, but is paid under the table, can that individual be covered by the business owner’s liability insurance?
My gut tells me that the answer is no. However, I’ve always worked independently so I never had to deal with insurance issues in regards to employees. My knowledge on the subject isn’t complex.
For example, if the “off the books” employee accidentally caused injury to one of the animals being groomed, would the business owner be held responsible or the employee? Alternatively, if the employee is injured on the job, does the employee have any recourse?
Save me the racism and the moral analysis
Best answer:
Answer by Proud owner of 6 cats and 2 dogs
A good small business owner would not employ people “off the books”
Know better? Leave your own answer in the comments!
I assume you’re talking about a Mexican when you say off the books. I guess no. But then again would you really want to tell the customer that person doesn’t even really work here.
Every state has different laws regarding these issues.
If you are getting paid by cash & not reported on 1099 then you wouldn’t be covered here in GA.
If an actual employee or sub-contractor(which most groomers are) was injured would be covered by workman comp if the shop has it. You have to have so many employees to even have it. I don’t remember if it is 3,4 ppl here. Not sure what your recourse would be if no comp. & would depend whether you are employee or sub-contractor. Employee would have more rights than sub.
As far as pets being injured, usually it depends on the deal you have with the shop. Some cover the bill fully, some split it equally or pay the first then you are responsible for any others. Fortunately I have never had any major injury only very minor where I paid for vet office visit – $ 20, $ 25 many years ago. If employee/sub refused to pay, the shop should pay as the client would be suing them & maybe the groomer. I haven’t seen one where the groomer refused to pay but I only worked at good shops/mobile & not any of the chop shops or big ox ones.
As far as an injury the the a pet yes the owner/business would be held responislbe. You as the pet owner are employing the business not an individual employee.
As far as the employee being injured if the owner is paying under the table they are not paying workmans comp insurance for the employee so they could not file against workmen’s comp. They could however file against the property insurance or sue the business just like anyone else injured on the premis
The liability insurance covers anything that happens to the dog, or customer even if a stranger comes in and hurts someone
The only recourse the injured employees would be to sue the owner then the owner could try to recoup the cost from the insurance.
The owner is fully liable for everything that occurs in the business.
I pay dearly for insurance but its worth every penny.
I do not under the table pay so I also pay Workman’s comp insurance for my groomers and bathers.
im not sure about the pet business but i do know when my husband did roofing work he was “paid under the table” but his employer paid his liability insurance. turnes out my hubby was supossed to file his taxes and all stuff because that meant he was employed and its bit us in the @ss. be careful with that
I know that I live on another planet but….I would imagine the dogs would be covered through public liability not matter who caused injury to the dog. The employee should not be held liable, or the employee just may say, what dog?, what job? What are you talking about?
But the workers compensation I am fairly certain that the employee would not be covered.
The way workers comp is paid here is a percentage of wages so an employee not receiving any wages on the books would not be covered.
The employee would normally have to wear the cost themselves as this is one of the risks of working without being on the books. I think they would have a fat chance getting any compensation out of the employer unless the employer was a good person and willing to cover the costs.
Cheers
I starred, and am hoping you’ll get good answers. I’m considered an independent farmworker at my job (I do odds and ends, landscaping, organizing, painting, etc, and train, raise, handle, and show dogs for a breeder), so I’m paid out of a personal checking account, and it’s tax-free (never done taxes for this job). I’d never thought about liability before, and have also never been hurt, so I’m hoping you get good answers that can also inform me.
If this isn’t a huge chain, like a Mom & Pop type deal with one or two shops world wide, I would say that the individuals coverage would be determined to if the employer has listed them under the insurance forms.
You don’t have to be “on the books”, but if you’re being paid and working in the facility, its a legal requirement for the insurance to pick up any damages that may or may not be a direct cause of the individual.
