Injured But Classified as an Independent Contractor by your Employer?

21 December 2022
Lisa A. Connolly
Injured But Classified as an Independent Contractor by your Employer?

Before accepting work as an independent contractor, one should be aware that businesses that hire independent contractors usually do not withhold taxes and do not maintain unemployment or worker’s compensation insurance for their workers.

However, just labelling an employee as an independent contractor does not make it so. The determination is made by looking at all aspects of the relationship between the employer and employee and who controls it. In fact, the Ohio Bureau of Workers’ Compensation has developed a 20 (twenty) question Independent Contractor/Employee Questionnaire form to determine the status of an individual.

Therefore, anyone who has been designated as an independent contractor by their employer and is injured within the course and scope of their employment, should consult with an experienced workers’ compensation attorney to determine whether that designation is correct. If the designation is incorrect, that person would be entitled to participate in the Ohio BWC fund.

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