With relatively few exceptions, all Ohio businesses that have one or more employees must carry workers’ compensation insurance. Under the work injury law, the term employee covers a broad range of employment situations, including the following:
- Anyone working in the service of the state, any county or any municipality, whether paid or volunteer workers
- Individuals in the service of any person, firm or private corporation, typically including contractors and household workers
- People who perform labor or provide services related to construction contracts, as long as they meet specific criteria related to their work
The Ohio Bureau of Workers’ Compensation (BWC) takes these requirements very seriously. As recently as June 6, 2014, a case of lapsed coverage resulted in the sentencing of a Portage County business owner. The owner received a jail sentence (albeit mostly suspended) plus about $3,500 in restitution payments, largely because he failed to work with the BWC to bring his business into compliance with the law.
The good news is that workers have options in the event they need compensation for on-the-job injuries when their employers fail to carry the required workers’ compensation coverage. Employees continue to have the right to file a claim with the BWC, which in turn pursues reimbursement from the non-compliant employer. Workers may also choose to sue the employer for all damages.
If you sustain a workplace injury or occupational disease and learn your employer does not carry workers’ compensation insurance, seek legal guidance. An experienced Cincinnati workers’ compensation lawyer can educate you on all available legal options for work injuries and help you pursue the compensation you need.