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OhioBWC - Basics: (Policy library) - File

 

Policy Name:

Employer of Record Change

Policy #:

EP-05-04

Code/Rule Reference:

Ohio Administrative Code (OAC) 4123-17-02 and 4123-17-15.

Effective Date:

February 14, 2014

Origin:

Employer Policy

Supersedes:

Not applicable

History:

New policy

Review Date:

February 14, 2019

 

I.      Policy Purpose

 

The purpose of this policy is to describe the role of Employer Services in ensuring that BWC has assigned a claim to the correct employer policy number.

 

II.    Applicability

 

This policy applies to BWC Employer Services, BWC Field staff, employers and Professional Employer Organizations (PEO).

 

III.   Definitions

A.    Employer of Record (EOR): Entity that is legally responsible for purposes of workers’ compensation as the employer for a claim filed by an injured worker.

IV.  Policy

A.    Employer Services staff may assist other BWC departments and units to ensure that a claim has been assigned to the correct employer policy number.

B.    Primarily, Employer Services will assist in determining state fund, self-insuring, or PEO/client employer status on the date of injury or occupational disease. In making this determination, Employer Services may:

1.    Review BWC records.

2.    Review provided records.

3.    Make a recommendation as to the correct policy number.

4.    Ensure the proper computer system(s) is updated.

C.   Employer Services may, as part of a business process (e.g. employer audit, review of self-insuring PEO), identify a claim that is assigned to the wrong policy number. If such a claim is identified, Employer Services will communicate the information to the appropriate department or unit.

D.   Employer Services staff will change the EOR on a claim only under the following circumstances:

1.    A PEO contract initiation or termination involving two state fund employers. See the Employer Services policy Professional Employer Organization (PEO) Policy including Use of NCCI Manuals of Clients.

2.    A partial transfer involving the partial sale of an employer. See the Employer Services policy Successorship Liability.


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