Ohio: Independent Contractor May Not Maintain Retaliatory Discharge Action

Ohio: Independent Contractor May Not Maintain Retaliatory Discharge Action

Where a worker admitted that he was responsible for his own equipment, provided his own labor and equipment, and was responsible for his own Workers' Compensation insurance, it was appropriate for the fact-finder to determine that he was an independent contractor and not an employee. Accordingly, as an independent contractor, he could not maintain a retaliatory discharge action under Ohio Rev. Code § 4123.90. 

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

 See DeLong v. Thompson, 2018-Ohio-770, 2018 Ohio App. LEXIS 808 (Mar. 1, 2018)

See generally Larson’s Workers’ Compensation Law, § 104.07.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law



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