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).
For the most part, the twenty criteria enumerated in R.C. § 4123.01(A)(1)(c) are mostly self explanatory. In order to lessen confusion we will be laying out the criteria with accompanying examples. Since there are twenty criteria, we will present five criteria at a time. Without further ado here are criteria 1 through 5:
1.) Is the person required to comply with instructions from the contracting party regarding the manner or method of performing services?
If the employer controls the manner or means of the work this is indicative of an employee/employer relationship is created. If a worker is only responsible for the result and not the way in which the job is done then that favors the worker being an independent contractor.
Joe was told by Bob to use blue paint on one wall, red paint on another, to use a brush with thick bristles and shows Joe how to place tape around the site in order to prevent the paint from dripping. This would satisfy Joe being an employee of Bob.