Ohio Workers' Compensation Requirements for Employers

#Who Must Have Workers' Compensation Coverage in Ohio?

Every private employer and publicly owned utility in Ohio must pay premiums into the state insurance fund. For policy years starting on or after July 1, 2015, these payments are typically due annually in June.

Employers that comply with section 4123.35 of the Revised Code are not liable for damages at common law or by statute. This immunity covers employee injuries, occupational diseases, or other bodily conditions that arise from their employment.

#How Can an Employer Become Self-Insuring?

An employer can apply for self-insuring status. To qualify, the employer must have operated in Ohio for a minimum of two years. A business that succeeded another company that operated for at least two years in the state may also qualify.

Employers granted this status must demonstrate they have sufficient financial and administrative ability. This is to ensure they can meet all their obligations promptly. The administrator is permitted to charge a reasonable fee for the application to cover processing costs.

#What Financial Information Is Required for Self-Insurance?

Applicants for self-insuring status must submit financial records, documents, and data. A certified public accountant must certify these materials.

The required financial records include balance sheets and a profit and loss history. This history must cover the current year and the four previous years.

#Who Is Considered an Employee in Ohio Construction?

In the construction industry, a person performing labor or services under a contract is considered an employee if specific criteria are met. This determination is made if at least ten criteria related to the control and integration of their work apply.

#Who Is Not Considered an Employee?

Ohio law specifies certain individuals who are not considered "employees" for workers' compensation purposes. These exclusions apply to specific roles.

• A duly ordained, commissioned, or licensed minister or assistant minister of a church in the exercise of their ministry.
• An officer of a nonprofit corporation, as defined in section 1702.01 of the Revised Code, who volunteers their services as an officer.
• An individual who would otherwise be an employee but has signed a waiver and affidavit under section 4123.15 of the Revised Code, provided the waiver and exception are approved for their employer.

#Legal Framework for Ohio Workers' Compensation

The rules for Ohio workers' compensation are detailed in the Ohio Revised Code. For instance, section 4123.35 outlines the conditions under which a complying employer is granted immunity from liability for workplace injuries.

Other sections define specific terms and exceptions. The definition of a nonprofit corporation officer who can be excluded is found in section 1702.01. The process for an employee to waive coverage is specified in section 4123.15 of the Revised Code.