Employers and Employees Subject to Workers' Comp Laws
Under Ohio law, employers operating in the state of Ohio are required to participate in the state-operated workers' compensation plan, administered by the Ohio Bureau of Workers' Compensation (BWC). More than 270,000 employers participate in the plan.
When an Ohio employee is injured in a workplace accident, or can clearly demonstrate that working in a hazardous environment or with dangerous materials resulted in a long-term disease or illness that prevents working, there is usually not a problem obtaining compensation. Benefits for an injured employee often include biweekly money payments to cover lost earnings. Compensation may be temporary or permanent and can come in the form of non-cash benefits, including medical treatment and physical therapy. Employers or the BWC directly may also offer a lump sum settlement. However, there are some common misunderstandings about what type of employees are covered under the employers' workers' compensation insurance and who is considered an independent contractor. It is very gray area of the law.
Are Independent Contractors Covered?
The state of Ohio has determined that although the parties may consider the injured worker an independent contractor, they still may be covered under Ohio workers' comp. It often comes down to who maintains control over the contractor's work effort and time. If the independent contractor is expected to report to a job site every day, and works under the direct supervision of a corporate employer, chances are the BWC would rule that the contractor was working in the capacity of a company employee. If, on the other hand, the contractor acted as a consultant, setting his or her own appointment hours and work schedule, the BWC would likely rule that the contractor was acting independently and is not protected under employer's plan. This ruling would not bar an independent contractor from filing a separate lawsuit against the property owner or other third party held liable for the accident.
An Example of a Gray Area
Deciding whether you are covered by workers' comp after an accident isn't always easy. The BWC must make judgment calls on unusual cases every day. For example, if an independent contractor is required to report to a shopping mall location to complete some work for a particular retail outlet in the mall, but gets injured in the parking lot, the contractor is probably covered under the retail store's workers' comp plan. If, on the other hand, a retail sales clerk for the same retailer is injured in the parking lot while walking in to the mall for work, he may not be covered under workers' compensation, because he had not yet entered the zone of employment.
If You Don't Know Whether You Qualify, Ask!
After an injury or losing a loved one in a workplace accident, you are likely to have many questions about whether you qualify for workers' compensation benefits. It pays to start asking the right people. Call or email an experienced workers comp attorney to find out more.
Under Ohio law, employers operating in the state of Ohio are required to participate in the state-operated workers' compensation plan, administered by the Ohio Bureau of Workers' Compensation (BWC). More than 270,000 employers participate in the plan.
When an Ohio employee is injured in a workplace accident, or can clearly demonstrate that working in a hazardous environment or with dangerous materials resulted in a long-term disease or illness that prevents working, there is usually not a problem obtaining compensation. Benefits for an injured employee often include biweekly money payments to cover lost earnings. Compensation may be temporary or permanent and can come in the form of non-cash benefits, including medical treatment and physical therapy. Employers or the BWC directly may also offer a lump sum settlement. However, there are some common misunderstandings about what type of employees are covered under the employers' workers' compensation insurance and who is considered an independent contractor. It is very gray area of the law.
Are Independent Contractors Covered?
The state of Ohio has determined that although the parties may consider the injured worker an independent contractor, they still may be covered under Ohio workers' comp. It often comes down to who maintains control over the contractor's work effort and time. If the independent contractor is expected to report to a job site every day, and works under the direct supervision of a corporate employer, chances are the BWC would rule that the contractor was working in the capacity of a company employee. If, on the other hand, the contractor acted as a consultant, setting his or her own appointment hours and work schedule, the BWC would likely rule that the contractor was acting independently and is not protected under employer's plan. This ruling would not bar an independent contractor from filing a separate lawsuit against the property owner or other third party held liable for the accident.
An Example of a Gray Area
Deciding whether you are covered by workers' comp after an accident isn't always easy. The BWC must make judgment calls on unusual cases every day. For example, if an independent contractor is required to report to a shopping mall location to complete some work for a particular retail outlet in the mall, but gets injured in the parking lot, the contractor is probably covered under the retail store's workers' comp plan. If, on the other hand, a retail sales clerk for the same retailer is injured in the parking lot while walking in to the mall for work, he may not be covered under workers' compensation, because he had not yet entered the zone of employment.
If You Don't Know Whether You Qualify, Ask!
After an injury or losing a loved one in a workplace accident, you are likely to have many questions about whether you qualify for workers' compensation benefits. It pays to start asking the right people. Call or email an experienced workers comp attorney to find out more.
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