What to Do if Your Employer is Not Covered Under Workers Compensation

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If you are employed in the state of Ohio, you have more than likely heard the term Workers Compensation. What is workers compensation and how do Ohio workers benefit from it?

Under Ohio law, employers must have workers compensation coverage in order to protect employees injured on the job.

If the organization employs one or more workers, it is mandated that the organization is enrolled in Ohio workers compensation coverage in the instance of an employee being injured on the job.

Those considered employees include:

  • Workers with an established employer-employee relationship
  • Corporate (president, vice president, treasurer, etc.)
  • “Domestic” household workers (babysitters, housekeepers, cooks, etc.)
  • Employees temporarily working out of state

If you fall under any of these categories, you should be covered by your employer’s workers compensation insurance in case of a work injury!

When you’re injured at work but your employer is not covered by workers compensation, are there other alternatives?

When an employee files for workers compensation, that individual is waiving their rights to sue the employer separately.

However, if the employer is not covered by Ohio workers compensation, you may be able to file a lawsuit against the employer directly for compensation.

An employer who does not establish or maintain workers compensation coverage is considered a noncomplying employer.

If your employer does not have workers compensation coverage when a work injury occurs, they are considered a “noncomplying employer” and may be penalized by having to pay a premium.

It is important that you report your work injury to the Ohio Safety & Health Administration (OSHA) immediately; if your employer does not have coverage for worker injuries, they will be penalized pending OSHA inquiries and you should consider filing a lawsuit against the employer.

Workers compensation claims can be confusing, frustrating and complex. An experienced attorney can make the process simpler and take a great burden of your and your family’s shoulders.

If you or a family member has been hurt on the job, you need to call me immediately. As your Ohio workplace accident attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

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Article Name
What to Do if Your Employer is Not Covered Under Worker’s Compensation
Description
The state of Ohio requires Ohio employers to enroll in workers compensation coverage in order to protect employees when a work injury occurs. What should a worker do if their employer does not carry the coverage? If you or a family member was injured on the job, call me immediately.
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