Protection for Independent Contractors

Because of the economic downturn, a rising number of Pennsylvania residents are earning a living as independent contractors instead of working in jobs as full-time employees. This arrangement is become common in the construction, landscaping, painting and other general labor industries.

When an independent contractor suffers an injury or becomes ill on the job, a crucial question arises. Can the worker recover compensation for damages, such as medical expenses, lost wages and pain and suffering? The answer depends on whether the worker is considered an employee or a true independent contractor under Pennsylvania law.

If the worker is deemed to be an employee, the worker may be able to recover medical expenses and other benefits under the Pennsylvania Workers’ Compensation Act. Workers’ compensation law does not require a showing that the employer’s negligence caused the worker’s injury or illness. However, in exchange for receiving workers’ compensation benefits, the worker cannot bring a civil lawsuit against the employer.

If the worker is deemed to be a true independent contractor, the worker won’t be entitled to recover under the Workers’ Compensation Act. However, the worker is not left without any options. As a true independent contractor, the worker or his or her family can file a personal injury or wrongful death lawsuit, seeking:

• Economic damages (medical expenses, lost wages, funeral expenses)
• Non-economic damages (pain and suffering and loss of care, comfort and companionship)

While no hard and fast rule exists to determine whether a relationship is that of employer-employee or owner-independent contractor, Pennsylvania courts generally will look at the following factors:

• Control of the manner of work that is to be done
• Responsibility for result only
• Terms of the agreement between the parties
• The nature of the work or occupation
• Skill required for performance
• Whether one is engaged in a distinct occupation or business
• Which party supplied the tools
• Whether payment is by the time or by the job
• Whether the work is part of the regular business of the employer; and
• The right to terminate the employment at any time.

Usually, the most persuasive indicator will be who had the right to control when and how the work would be done. If  the worker had control over those issues, then a court would likely find that he or she was an independent contractor. If the employer had the final say, then the worker typically would be considered an employee.

At Munley, Munley & Cartwright, our Scranton personal injury attorneys have represented clients in PA personal injury and workers’ compensation claims for more than 40 years. We understand the complexity of PA's personal injury and workers’ compensation laws and the challenge of proving negligence in cases such as workplace accidents. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience.

For a free consultation regarding your legal concerns, contact us today or call us toll free at 877-421-9173.