Ohio Code 4123.79 – Party may enjoin operation of noncomplying employer – construction contractor or subcontractor
(A) Any interested party may enjoin the further operation of an employer subject to this chapter who has failed to pay the employer’s premium to the workers’ compensation fund as prescribed in this chapter. The procedure to obtain an injunction is governed by Chapter 2727 of the Revised Code and the right to such relief is in addition to the rights described in section 2727.02 of the Revised Code.
Terms Used In Ohio Code 4123.79
- Contract: A legal written agreement that becomes binding when signed.
- Employer: means :
(a) The state, including state hospitals, each county, municipal corporation, township, school district, and hospital owned by a political subdivision or subdivisions other than the state;
(b) Every person, firm, professional employer organization, alternate employer organization, and private corporation, including any public service corporation, that (i) has in service one or more employees or shared employees regularly in the same business or in or about the same establishment under any contract of hire, express or implied, oral or written, or (ii) is bound by any such contract of hire or by any other written contract, to pay into the insurance fund the premiums provided by this chapter. See Ohio Code 4123.01
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Self-insuring employer: means an employer who is granted the privilege of paying compensation and benefits directly under section 4123. See Ohio Code 4123.01
(B)(1) No construction contractor or subcontractor who, on the date of entering into a construction contract has not been in compliance with section 4123.35 of the Revised Code for a minimum of nine consecutive months, may bring an action to enforce rights arising from that construction contract.
(2) Nothing in this section shall require the surety of a contractor or subcontractor described in division (B)(1) of this section to make payment of any workers’ compensation obligation of that contractor or subcontractor or affect the surety’s rights in the event that the contractor or subcontractor is in default or is declared by an obligee to be in default of its contractual obligations.
(C) As used in this section:
(1) “Interested party” means any of the following:
(a) An employer who is in compliance with section 4123.35 of the Revised Code and who is not a self-insuring employer;
(b) The attorney general;
(c) The administrator of workers’ compensation.
(2) “Construction contract” means any oral or written agreement involving any activity in connection with the erection, alteration, repair, replacement, renovation, installation, or demolition of any building, structure, highway, or bridge.