Independent Contractor Workers Compensation

Independent Contractor Workers Compensation

Ohio Work Injury Lawyer Explains Options for Independent Contractors Injured on the Job

Photo of worker on scaffoldYour life after an on-the-job injury may never be the same as it was before. You may have to struggle with adjusting to life after suffering a catastrophic injury, such as an amputation injury, loss of hearing, vision impairment, severe back injury, traumatic brain injury (TBI) or post-traumatic stress disorder (PTSD), which could prevent you from working temporarily or even permanently. Employees who are hurt on the job, generally, have the option to pursue workers compensation benefits, which can provide them with money to afford medical treatment, rehabilitation costs and living expenses due to loss of income.Unfortunately, independent contractor workers compensation benefits are not available in Ohio. However, in some cases, independent contractors injured on the job in Ohio do have options available to recover compensation, including self-employed workers comp insurance, personal injury claims and third party liability claims.

Why Is Workers Comp Not Available to Independent Contractors in Ohio?

Employers carry workers compensation insurance to prevent their company and their employees from suffering due to workplace accidents. Workers comp insurance pays medical expenses and provides loss of income benefits to injured employees and their families as long as the on-the-job injury was the result of an employer or co-worker’s negligence. However, since independent contractors are not considered employees, they are not eligible for workers comp benefits.

This issue often comes into play on construction sites where employees, contractors and subcontractors work together, which can lead to contractors suffering injuries due to negligence on the part of the construction company, a construction company employee or a fellow contractor. In addition, there are instances where companies will purposely categorize employees as independent contractors to avoid providing them with benefits, such as health insurance, paid leave and workers compensation.

Options for Independent Contractors Hurt on the Job in Ohio

Depending on the circumstances involved in their employment status as well as their injury, independent contractors may be able to pursue one or more of the following to recover workplace injury benefits:

  • Independent Contractor Workers Compensation Insurance – In some cases, independent contractors can be covered under workers comp insurance. If an independent contractor has control over certain aspects of his or her work, such as deciding traveling routes, selecting job materials or having responsibility for the quality of another worker’s job performance, he or she could be considered a sole proprietor. If an independent contractor shares such responsibilities with one or more other contractors, he or she could be considered a partner. As a sole proprietor or partner, independent contractors may be able to provide workers comp insurance coverage for themselves, and under Ohio law, they may be required to carry it for any contractors working for them.
  • Personal Injury Claim – If an independent contractor’s on-the-job injury was due to the negligence of a business or another individual, he or she may be able to file a personal injury claim against the business or individual responsible for the injury.
  • Third Party Liability Claim – If the independent contractor’s workplace injury was due to the negligence of an individual or business that is not considered his or her employer or co-worker, the independent contractor may be able to file a third party claim to recover injury benefits.

Ohio Work Injury Lawyer for Independent Contractor Workers Compensation

Just because you are an independent contractor does not mean that you do not have options if you were injured on the job due to another’s negligence. The experienced work injury lawyers at Larrimer & Larrimer, LLC may be able to help you recover compensation for hospital bills, physical therapy costs and lost income. Our law firm has been successfully helping injury victims and their families in Columbus and throughout Ohio since 1929.

We offer free consultations where you can discuss your situation with a work injury attorney confidentially and without any obligation to hire our firm. We will review your case, answer your questions and tell you whether or not you are in a position to file a work injury claim. To learn more about independent contractor on-the-job injuries and how we can help you, give us a call or submit a case review form to set up a free consultation with an experienced work injury lawyer today.