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Tina
Tina, Lawyer
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We are planning to hire a contract worker for a project. If

Resolved Question:

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.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

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 1 year 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.

Expert:  Tina replied 1 year ago.

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:

https://www.ohiobwc.com/downloads/blankpdf/u3.pdf

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

 

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31973
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 4 other Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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