Who Is Not Covered by Workers’ Compensation?

Ohio workers’ compensation covers most work-related injuries, fatal work accidents, and occupational illnesses. Any business in Ohio employing even one person must carry compensation insurance for workers. However, there are exceptions to this rule. There are specific types of workers and jobs, like part-time domestic workers, that are not covered by the traditional workers’ compensation.

The Bureau of Workers’ Compensation (BWC) covers workers and employers when injured at the workplace. They cover medical bills and income loss to employees injured at work or caught a disease while at work.

If you work as an independent contractor and are not sure about your qualifications, contact an Ohio workers’ compensation lawyer to clarify all about your concerns.

Not Covered By Workers’ Compensation

The groups of workers not covered by workers’ compensation insurance usually are covered by other types of insurance if they get injured at work. There are other legal options. For example, an injured worker may get compensated for their injuries if their employer gives notice to the state.

Types of Workers Typically Not Covered by Workers’ Compensation are the following:

  • Farm Workmen – Farmworkers are people working at businesses dealing with raising, feeding, and caring for wildlife. They are usually not covered by the workers’ compensation insurance unless their employer gives notice to the state.
  • Railroad Workers – The Railroad Workers Act covers the railroad employees, instead of workers’ comp. This is a 1903 Act created to protect railroad workers that got injured at work. Railroad employees are allowed through this Act to file a claim against their employer if they can prove that the railroad was even partially negligent and was responsible for the accident. They can get compensated for their medical expenses, loss of income, and pain and suffering.
  • Federal Employees – United States government employees, civil officers, and people rendering services similar to an employee or civil officer of the government are exempt from workers’ compensation. However, they are covered by the Federal Employee’s Compensation Act (FECA). If a federal employee gets injured at work, FECA may provide the following benefits:
    • Medical care benefits
    • Occupational rehabilitation
    • Partial or total disability benefits
    • Death benefits
  • Longshoremen – The workers’ compensation does not cover people working in a port. Nevertheless, longshoremen, like workers who build ships in a port, are covered by the Longshore and Harbor Workers’ Compensation Act. This Act provides longshoremen compensation and benefits when injured at work. Benefits may include vocational rehabilitation, wage loss compensation, and medical care.
  • Independent Contractors – Typically, independent contractors, freelancers, and consultants are not covered by workers’ compensation. They cannot receive workers’ compensation because, since the 1099 exemption form, they pay for their own income tax.
  • Some Business Owners – Small business owners with three or more employees are required to carry workers’ compensation insurance.
  • Volunteers – Workers’ compensation insurance does not cover people that provide their services without payment received. However, volunteer firefighters and law enforcement personnel are some of the volunteer workers that are covered anyway.

What To Do After A Work Injury

After a work injury, you should do the following:

  • Report your injury to your supervisor as soon as possible.
  • ┬áComplete a WC-14 Form, file it with SBWC, and send a copy to your employer and your insurance company.
  • Seek medical care and follow the instructions of the doctors. Keep your medical records.
  • Contact a workers’ compensation attorney.

If you don’t follow these steps, you risk losing your right to get compensated. Of course, there are other reasons for your claim to be denied, like disputing whether or not your injury was work-related.

Reasons Why A Work Injury Claim May Be Denied

Ohio workers’ compensation may not cover a worker’s injuries for the following reasons:

  • The worker did not receive medical care for their illness or injuries, and consequently, there is no medical record to prove the medical need for time off work.
  • The injury happened intentionally by the employee.
  • Less than three days out of work can not be considered a temporary disability.
  • The employee was drunk or under the influence of drugs.
  • Their supervisor advised the employee not to proceed with the act that injured them.
  • The employee did not follow the safety rules.

If you or someone you love has been injured at work, you may need to consult a specialized workers’ compensation lawyer. Our team of experts at Workers’ Compensation Lawyers Firm will help you build your case and file your compensation claim. Call us today for your free consultation.