Month: August 2015

Workers’ Compensation: Construction Contract: Employee or Independent Contractor: 1-5

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.

                    EXAMPLE:  EMPLOYEE

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.

Continue reading Workers’ Compensation: Construction Contract: Employee or Independent Contractor: 1-5

Workers’ Compensation : Part 1: Employee or Independent Contractor

Workers’ Compensation: Employee or Independent Contractor in the Context of Construction Work

One of the many Workers’ Compensation issues we are faced with here at Malek & Malek is whether an injured worker is classified as an employee or independent contractor. If classified as an employee, then you are eligible to receive workers’ compensation benefits under your employer’s workers’ compensation policy. As an independent contractor you are required to have your own workers’ compensation coverage.

The employee/independent contractor classification issue often arises in the context of construction work. R.C. § 4123.79(C)(2) defines a construction contract as:

any oral or written agreement involving any activity in connection with the erection, alteration, repair, replacement, renovation, installation, or demolition of any building, structure, highway or bridge.

Under R.C. § 4123.01(A)(1)(c) , an employee is a person who performs labor or provides services pursuant to a construction contract if he meets ten or more criteria out of a total of twenty. The criteria focus on who had the right to control the manner or means of doing the work. More control tends to suggest a worker is an employee, less control tends to suggest a worker is an independent contractor.

Continue reading Workers’ Compensation : Part 1: Employee or Independent Contractor

Hope Everyone Has Had A Nice Summer

When you are a kid and when you have kids, your summer is defined by the beginning and ending of summer vacation. Jim’s son goes back to school this week, and my son goes back to school next week ( I think). With their vacations coming to an end they decided to spend a day working at the office.  At the office they swept the porch,  attempted to file documents, and most importantly created the poster below:

malek malek poster“Malek and Malek Supports All Personal Injuries, You Heard Me Right, All Personal Injuries. We Protect Your Families.”

We at Malek & Malek understand and relate to workers because the attorneys at Malek & Malek have all at one time or another been a “worker.” Speaking for myself, I used to come home from elementary school and  head straight to my neighbor’s houses where I’d rake their leaves for the princely sum of $1 an hour. Probably far below the market price, on the other hand I was in third or fourth grade. As I got older my prices increased. In high school I’d make a killing on snow days, as I’d offer to snow blow people’s driveways for $20 a pop.

In college I worked in a variety of jobs including as a working in a cafeteria as a fry cook, doing laundry in a gym, and working at the Malibu Grand Prix Arcade. After graduation I went to work in the wild and wooly world of video game development. Point is, I and the attorneys at Malek & Malek are not strangers to hard work, and therefore we have the utmost respect for those who work. So when you get injured on the job, we strive to get you the treatment and compensation you deserve.

With that said, please enjoy the rest of your summer, Kip

Group photo malek law firm lawyers