This is a continuation of a prior article. An issue that arises for some of our Ohio Bureau of Workers’ Compensation Clients is where there exists a construction contract, whether the worker is an employee of a general or sub-contractor and thus covered under that employers Ohio BWC policy. One way the BWC and Industrial Commission tries to determine the classification of the worker is through twenty criteria in R.C. § 4123.01(A)(1)(c). Here are criteria 6 through 10:
6.) Does a continuing relationship exist between the person and the other contracting party that contemplates continuing or recurring work even if the work is not full time?
A worker that is hired on a job by job basis is more likely to be considered an independent contractor, while it is more likely that a worker is an employee if they work regular hours and on a consistent basis for the employer.
Bob hires Joe to help remodel a kitchen, once that job is completed Bob hires Joe again 1 month later to help with another job, and 2 weeks after that job has been completed Bob hires Joe again for another job. Although Bob and Joe’s work relationship is irregular it is frequent enough to establish a continuing relationship that would satisfy Joe being an employee.