What You Need to Know About Exemptions from Workers’ Compensation in Ohio
Workers’ compensation protects employees in the case of work-related injuries or illnesses. Here’s everything you need to know about Ohio workers’ compensation exemptions.
Workers’ compensation is mandatory for any business in Ohio that employs more than one employee. Workers’ compensation in Ohio must cover expenses from work-related injuries or illnesses.
What is Workers’ Compensation in Ohio?
Ohio workers’ compensation insurance helps injured workers and their employers cope with work-related injuries. In some cases, Ohio workers’ compensation offers benefits that can help cover medical bills, lost wages, and even funeral costs.
Ohio is a monopolistic state when it comes to worker’s compensation insurance. You cannot get insurance coverage from a private insurance company. Instead, Ohio requires workers to get their coverage from a state-run program underwritten by the state’s Bureau of Workers Compensation (BWC).
In certain cases, workers in Ohio can also receive change of occupation awards if a medical professional advises them to change professions after injuries or illnesses sustained at work. These injuries may include:
- Silicosis
- Coal Miners’ pneumoconiosis
- Asbestosis
Related: Ohio Workers’ Compensation FAQs
Is Workers’ Compensation Mandatory in Ohio?
Any business in Ohio that employs more than one person must carry workers’ compensation insurance. Part-time employees must also follow this law.
Who is Exempt from Workers’ Compensation in Ohio?
There are some cases where workers’ compensation insurance coverage is elective. Usually, these are cases of employers that have no employees. Employers for whom coverage is elective include:
- Sole proprietors
- Partnerships
- Limited Liability Companies (LLCs) acting as sole proprietors or partnerships
- Family farm corporate officers
- Individuals incorporated as corporations
- Ordained or associate ministers of a religious organization
Coverage is also elective for most volunteer and domestic workers who make less than $160 a quarter. Some employers and employees can also apply for religious exemptions from workers’ compensation coverage.
Related: Ohio Employee Overtime FAQs
It’s important to remember that if you choose not to cover yourself and are injured, the BWC won’t provide you with insurance coverage.
FAQs About Who is Exempt from Workers’ Compensation in Ohio
Do independent contractors and subcontractors in Ohio need workers’ compensation insurance?
Independent contractors and subcontractors can elect coverage for themselves if they are sole proprietors or partners. However, suppose they control the selection of materials, traveling routes, and quality of performance of another worker. In that case, Ohio considers them the workers’ employer, and they must provide that worker with workers’ compensation coverage.
Does the kind of insurance coverage you receive differ between industries in Ohio?
Yes—while all employers with one or more employees must have workers’ compensation insurance coverage, there can be different kinds of coverage depending on the type of employer. Some examples of this include coal mine operators’ coverage, domestic household workers’ coverage, marine industry employers’ coverage, and longshore and harbor workers’ coverage. You can find more information about workers’ compensation coverage in Ohio here.
How can a corporation qualify as a family farm in Ohio?
Ohio does not consider family farm corporate officers employees for insurance coverage. As a result, their coverage is elective. To qualify, a corporation must meet the following criteria:
- The corporation must be for farming plant or animal products intended for consumption by humans or animals
- A majority of shareholders must be related by blood or by marriage
- No shareholder may be a corporation
- At least one of the family members involved in the corporation must live on or actively operate the farm.
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If you or a loved one would like to learn more about Exempt from Workers’ Compensation Ohio, get your free consultation with one of our Employment Attorneys in Ohio today!