Construction Accident

Construction Accident

Does Ohio Workers’ Comp Cover Subcontractors on Construction Jobs?

The best answer to the title question is that any worker who suffers an injury in a construction site accident in Ohio should have access to workers’ compensation benefits. Applying to have medical bills paid and lost wages partially replaced could become a little complicated, but seeking advice and representation from an experienced Columbus construction injury lawyer will make navigating the process easier.

Employers Must Participate in Ohio’s Workers’ Comp Program

State law requires even small companies to carry workers’ comp insurance, and independent contractors who work only for themselves have the option to purchase coverage for work-related injuries. Accessing that coverage following a construction site accident involves seeking and documenting medical care, filing a report with one’s employer, and submitting an application to the Ohio Bureau of Workers’ Compensation. But the answer to basic question of whether the ability to apply for workers’ comp benefits exists should always be yes.

Out-of-State Contractors Have Access to Ohio’s Workers’ Comp System

When it comes to filing a claim for workers’ comp benefits, where a construction site accident occurs matters more than who suffered injuries. So, a Michigan resident who takes a construction job in Columbus will have the right to apply to the Ohio workers’ comp program if they get hurt before completing the gig.

The coverage may come from the policy held by the prime contractor, which will mean extra paperwork and possible delays. But the coverage will be available.

Here is also a good place to insert the reminder that Ohio workers’ comp benefits will only be approved when a person can prove all of the following facts:

  • The injury was work-related,
  • The injury required medical treatment,
  • Recovering from the injury required taking three or more consecutive days off from work,
  • The injury was not self-inflicted, and
  • The injury did not occur while the worker was under the influence of alcohol or drugs, trespassing, or breaking the law.

Employers and the Ohio Workers’ Comp Program Can Challenge Claims

Applications for workers’ comp benefits do not get approved automatically. In fact, a sizable percentage of initial applications are rejected. Reasons for denying benefits range from missing the one-year deadline to submit a claim and incomplete documentation to a determination that the injury was not serious or work-related.

As construction site accident attorneys based in Columbus, we devote much of our practice to preparing and carrying through appeals on behalf of clients who were unjustly denied workers’ comp benefits. State law permits several rounds of appeals and guarantees a worker’s right to sue if other formal appeals do not result in the award of benefits.

Workers’ Comp May Not Be the Only Option

Construction site accidents often result from vehicle crashes, defective tools and equipment, and avoidable errors by other contractors. When negligence by a person or company other than one’s own employer causes serious injuries, a subcontractor can have grounds for filing what is called a third-party lawsuit. Such a legal action plays out like a personal injury lawsuit, and the option can be pursued in addition to filing for workers’ comp benefits.

Reach out to us online or call us at either (614) 221-3318 or (800) 678-3318 to let us know how one of our Columbus, Ohio construction accident lawyers can help you with a workers’ comp appeal or third-party lawsuit. The first consultation will cost you nothing.



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Worker’s Comp Lawyers Columbus, Ohio - Agee Clymer

140 E. Town St. #1100
Columbus, OH 43215