What if my employer claims I am an independent contractor and not covered by their Workers’ Compensation Coverage?

In some situations an employer may argue that they are not responsible for covering your work related injury due to your employment relationship. If your employer tells you that you are not covered because of your status as an independent contractor and you do not believe that you are an independent contractor you should always consult with an attorney prior to giving up your rights.

In Ohio, there are certain factors that are used to determine whether a person is considered an employee as opposed to an independent contractor. If it determined that a person is an independent contractor they are obligated to carry their own workers’ compensation coverage and will not be covered by the employer. If you meet ten of the following requirements you would be considered an employee and covered under by the employer’s policy. Here is a summary of the requirements that the Bureau of Workers Compensation & Industrial Commission will consider:

1. The person is required to comply with instructions from the contracting party regarding manner/method of performing services
2. The person is required to have particular training
3. The person’s services are integrated into the regular functioning of the contracting party
4. The person is required to perform work personally
5. The person is hired, supervised, or paid by the contracting party
6. The relationship between the parties contemplates continuing or recurring work even if the work is not full time
7. The person’s hours of work are established by the contracting party
8. The person is required to devote full time to the business of the contracting party
9. The person is required to perform the work on the premises of the contracting party
10. The person is required to follow the order of work set by the contracting party
11. The person is required to make oral or written reports of progress to the contracting party
12. The person is paid for services on a regular basis such as hourly, weekly, or monthly
13. The person’s expenses are paid for by the contracting party
14. The person’s tools and materials are furnished by the contracting party
15. The person is provided with the facilities used to perform services
16. The person does not realize a profit or suffer a loss as a result of the services provided
17. The person is not performing services for a number of employers at the same time
18. The person does not make the same services available to the general public
19. The contracting party has a right to discharge the person
20. The person has the right to end the relationship with the contracting party without incurring liability pursuant to a contract or agreement

Independent contractor situations are largely fact dependent and typically require a detailed analysis. If you find yourself wondering whether you are covered in an employment situation please call The Bainbridge Firm.