My Workers' Comp Claim Was Denied Because My Employer Says That I'm an Independent Contractor. What Should I Do?
You may want to consult an attorney for this issue, as it may present a very difficult legal question. Remember, your employer is probably represented by someone who knows this area of the law better than you do.
Adding to the confusion, the hearing officers may apply the “common law” approach or what the Ohio Revised Code provides if you work in the construction field.
An employment contract is only one factor in determining whether there is an employment relationship. The “right to control the manner or means of doing the work” test is the general method hearing officers use to determine if you were an employee or independent contractor.
The focus of the hearing will be centered on who has the right to control your work. There are a number of factors the hearing officer will consider. Some examples are:
- Who selects the hours you work.
- Who selects the materials you use.
- Do you provide your own tools or does the “employer.”
- How you are paid (check or cash).
- Did you have a supervisor (someone to whom you reported).
- Who controls the details and quality of your work.
- Who selects the route you take.
- Who selects your length of employment.
- Did you sign a contract agreeing to be an independent contractor.
Call our law office to learn more.
A native of Youngstown, Ohio, Richard L. “Pete” Magill worked in mills during the summer to help finance his education. He went on to earn his undergraduate degree from The Ohio State University and his law degree from the Cleveland-Marshall College of Law, where he was a member of the Law Journal and graduate cum laude. Throughout more than three decades as a lawyer, he has dedicated his practice to helping injured workers. Several of his cases have resulted in appellate court decisions that have helped to change Ohio law in ways that benefit the state’s workers as a whole. In addition to his practice, he is a member of the Ohio State Bar Association’s Workers’ Compensation Committee and also the liaison committee between the Bar Association and the Industrial Commission.