Workers’ compensation provides benefits to employees who suffer job-related injuries or illnesses. However, eligibility for these benefits depends on the worker’s employment classification.
Independent contractors often face challenges when seeking workers’ compensation. This is because the law usually only covers employees. Understanding how Ohio law differentiates between types of workers is important for determining your eligibility.
Defining independent contractor status
In Ohio, the status of an independent contractor depends on the degree of control the individual has over their work. An employee typically works under the direction and supervision of an employer. An independent contractor, on the other hand, operates their own business and works independently.
Employers often classify certain workers as independent contractors to avoid the cost of providing workers’ compensation. However, this classification must meet specific legal standards. Failure to meet these standards is grounds for legal action.
Legal criteria for independent contractors
Ohio courts use several factors to determine whether a worker is an independent contractor or an employee. These factors include the level of control over work procedures and who provides the tools and materials. If the employer has significant control over these elements, the worker is likely recognized as an employee.
Relating misclassification to workers’ compensation
An employer might incorrectly label a worker as an independent contractor to avoid providing benefits. In these cases, the worker may still qualify for workers’ compensation. Workers who suspect misclassification can file a claim with the Ohio Bureau of Workers’ Compensation. The bureau will investigate the claim to determine the worker’s true status.
Understanding when workers’ compensation is unavailable
Independent contractors do not qualify for workers’ compensation in Ohio because they are self-employed. However, they can protect themselves by purchasing their own workers’ compensation insurance. This insurance covers medical expenses and lost wages in the event of a work-related injury or illness.
Proper classification ensures that injured workers receive the benefits they deserve. Wrongly classified independent contractors can seek workers’ compensation benefits by contesting the misclassification.