In the case of Wilson v. Rose Metals Industries, Inc., 2021-Ohio-4518, the Eighth District Court of Appeals held that a company was entitled to workers’ compensation immunity in a negligence action brought by an injured worker who was assigned to the company by a staffing agency.
Here, the worker asserted that the company was not entitled to immunity under R.C. 4123.74 because he was not an employee of the company, and the company was not in compliance with workers’ compensation laws because only the staffing agency paid his workers’ compensation premiums. The company argued that it was entitled to immunity under R.C. 4123.74.
The Court of Appeals reasoned that for purposes of workers’ compensation, the company was the worker’s employer because the company directed the worker how to perform his job and explained what was expected of him. In addition, the company was in compliance with workers’ compensation laws when the worker was injured because the company and the staffing agency agreed that the staffing agency would pay the workers’ compensation premiums in exchange for a fee. Therefore, the company was entitled to immunity from Wilson’s claims.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.