This is a continuation of a prior article. An issue that arises for some of our Columbus 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 11 through 20:
11.) Is the person required to make oral or written reports of progress to the other contracting party?
This is another factor that is likely only present in a limited number of employer/employee relationship. As such its absence is not a good indicator whether a worker is an employee or independent contractor.
Bob tells Joe that he is to mow a customer’s lawn, plant some treed along the driveway, and finish with laying mulch down on the flower beds. He tells Joes that once he has completed each task and before he starts the next one to call him and tell him how much dirt, gas, etc. he used. This indicates that Joe is an employee because Joe does not have very much independence from Bob while on the job.