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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33166
Experience:  JD, BBA, recognized by ABA for excellence.
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We are planning to hire a contract worker for a project. If

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We are planning to hire a contract worker for a project. If we hire someone who has a business to do this project, how many employees is the business owner required to have before they have to have workers' compensation insurance (so the contract worker would be covered under their WC insurance versus ours)? OR
If the person we hire is an individual, not a business, are we required to cover them under our workers compensation policy or can our contract with them include language stating they are responsible.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

In neither instance would the worker be your employee, correct?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

That is correct - in neither instance would the person be our employee. They would be a contract employee, contracted for a specific period of time.

Thank you for clarifying that for me, Lucien.

Under OH law, all employers with one or more employees must typically obtain worker's comp coverage for their employees, so if you hired a contractor who had employees, they would normally be required to carry their own WC coverage, but you may wish to include that as well as proof of coverage as a condition of their employment to ensure they are complying with the law.

If you hire a sole proprietor who does not have any employees but who is your independent contractor and not your employee, you can typically require that they carry their own insurance with regard to injuries sustained in the scope of their employment with you.

Here is a link which summarizes the applicability of the OH worker's comp laws:

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