Even if you are classified as an “independent contractor,” you may still qualify for Workers’ Compensation benefits. The Ohio Bureau of Workers’ Compensation may determine that a person designated as an independent contractor is legally an employee and is therefore entitled to Workers’ Compensation Benefits. The BWC is focused on the level of control that an employer has over a worker, even if that person is classified as an independent contractor.
If at least ten of the following criteria apply, you may be eligible for Workers’ Compensation benefits:
1) You are required to comply with instructions regarding the manner or method of performing services;
2) You are required to have particular training;
3) Your services are integrated into the regular functioning of the other contracting party;
4) You are required to perform the work personally;
5) You are hired, supervised, or paid by the other party;
6) You have a continuing relationship that includes recurring work;
7) Your work hours are established by the other party;
8) You are required to devote full-time hours to the other party;
9) You are required to perform work on the premises of the other party;
10) You are required to follow the order of work set by the other party;
11) You are paid on a regular basis (weekly, monthly);
12) You are required to report to the other party;
13) Your expenses are paid by the other party;
14) Your tools/materials are provided;
15) Your work facility is provided;
16) You do not suffer a loss or gain profit as a result of your services;
17) You are not performing services for a number of employers at the same time;
18) Your services are not available to the general public;
19) The other party has a right to discharge you;
20) You have a right to end the relationship with the other party without liability.
If you are an independent contractor that has been injured on the job, you may still qualify for workers’ compensation benefits even if you have been told that you are ineligible. If you think that you may be misclassified as an independent contractor, please contact the Bainbridge Firm so we can help you obtain compensation for your injuries and lost wages.