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OHIO’S INJURY & SOCIAL SECURITY DISABILITY FIRM Workers' Compensation - Social Security Disability - Personal Injury

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My Workers' Comp Claim Was Denied Because My Employer Says That I'm an Independent Contractor. What Should I Do?

December 19, 2015 by Richard L. Magill

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:

  1. Who selects the hours you work.
  2. Who selects the materials you use.
  3. Do you provide your own tools or does the “employer.”
  4. How you are paid (check or cash).
  5. Did you have a supervisor (someone to whom you reported).
  6. Who controls the details and quality of your work.
  7. Who selects the route you take.
  8. Who selects your length of employment.
  9. Did you sign a contract agreeing to be an independent contractor.

Call our law office to learn more.

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