Don’t let the 1099 fool you. Just because your company doesn’t send these workers a W-2 doesn’t mean you shouldn’t cover them for workers’ compensation in Ohio. You may be thinking, “We’re not concerned – all of our 1099ers have a certificate of coverage from BWC.” Ok, so they knew that they had to manually elect coverage for themselves if they’re an LLC filing as a sole corp right? It can be more complicated than it appears on the surface, but we’re here to help you get a handle on it. Keep in mind this is not legal advice. If you have specific situations about classifying workers, you can always reach out to us, but sometimes it’s best to follow up with an employment attorney. Navigating the world of gig workers can be tricky, but just ask Ugicom – it’s best to classify workers correctly from the beginning.
A lot of employers will casually mention that they don’t have to cover certain workers as employees for workers’ comp, because these people are independent contractors. Unless they come and go as they please with no schedule parameters, don’t utilize company vehicles or other property, and you have no say in the work they perform - they may in fact be independent contractors. If you can’t confidently tick all of those boxes, it may be time to reevaluate.
When Ohio BWC performs a payroll audit, they’ll also ask for payroll records on any 1099 employees – and trust us, they’ll have questions. If an employer can’t prove that they don’t control the work being performed, you may end up paying those premiums retroactively. Even if the contractor has provided the employer with a certificate of coverage, it may not amount to much if they didn’t elect coverage properly. Only LLCs filing as S- or C-corps are automatically covered once the policy is issued. Sole proprietorships and partnerships have to take an extra step and elect coverage for themselves. The new and improved BWC application for coverage now explains this caveat in more detail, but that doesn’t help anyone who applied for coverage before 2022.
You can view Ohio BWC’s guidelines on contract laborers here, and there’s even an employer questionnaire here.
Posted By Brandy King
June 05, 2025
Category: General
Along with the new Ohio BWC policy year beginning on July 1, 2025 – one of their most beneficial programs now has an increased ROI for employers. Participating in a local safety council is beneficial not just for the savings – but also the education, networking, and locating resources to aid your internal safety programs. Ohio businesses have until July 31, 2025 to sign on for the 2025-2026 program. Your company can earn a 3% rebate (not to exceed $5000) on ’25-26 policy year premiums by attending 10 in-person safety council meetings. At least eight (8) of these must be attended through the safety council you’re enrolled with, and up to two (2) credits can be earned through attending BWC-sponsored in-person or virtual events, or in-person training from external sources like your TPA or trade organizations and Chambers of Commerce. Remember – to get the 3% rebate, your policy premiums must be current and your most recent True-Up should have been completed on time. This rebate program can be combined with Group Rating, Group Retro and virtually any other BWC program your company participates in. For more information on the Safety Council Program, reach out to us at 440-249-5260 or check out this
Posted By Brandy King
June 05, 2025
Category: General
We’d like to sincerely thank every Ohio employer that chose Spooner Medical Administrators, Inc. (SMAI) as their MCO during MCO Open Enrollment last month, as well as those loyal clients who chose to remain with our MCO. SMAI continues to experience sustainable, organic growth, thanks to the partnerships we have with Chambers of Commerce, trade organizations, Associations, and simply by word of mouth. SMAI has grown in both policies assigned and claims managed, and was also one of only four MCOs to see a net growth during Open Enrollment. The team at SMAI is excited to begin building partnerships with the hundreds of new employers that moved to Spooner Medical Administrators this year. Thanks for putting your faith in us, Ohio businesses! We can’t wait to meet even more new customers when the next Open Enrollment rolls around in
Posted By Brandy King
June 05, 2025
Category: General
If your company participated in Group Rating or Group Retro during the 2024 policy year (July 1, 2024-June 30, 2025) and had a claim during the green year(s), you’re required to complete two hours of safety training by June 30, 2025. Please be sure to complete submit the training certificates to your team at Spooner (or your TPA, if you’re not a Spooner client). If you’re unsure if you need to complete this training, reach out to your client services manager. The training doesn’t have to be completed in person – so there’s still time to meet the requirement by participating in one of BWC’s online courses. Here are some details on fulfilling the two-hour training requirement, per the Ohio BWC website. Two-hour Training Options A variety of training sources are available for you to fulfill this requirement. They include the following offered through BWC’s Division of Safety & Hygiene: Education and Training Services Center courses Ohio Safety Congress & Exposition (OSC) safety education sessions Safety council seminars, workshops, or conferences featuring a safety topic that are at least two hours long (Safety council monthly meetings do not qualify.) Guidelines for courses offered through non-BWC training forums The group sponsor, third-party administrator, or an independent source can sponsor a course, provided it meets the two-hour criteria. The topic must be workplace safety rela
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