The definition of independent contractor precludes workers’ compensation

An independent contractor is not an employee under the Pennsylvania workers’ compensation act because of the absence of a master/servant relationship. The key factors to consider in determining whether someone injury on a job is an independent contractor or an employee include terms of the agreement between the parties; the nature of the work or occupation; the skill required for performance of the job; whether the one employed is engaged in a distinct occupation or business; which party supplied the tools; whether payment for work is by the time or by the job; whether work is part of the regular business of the alleged employer; and also the right to terminate the employment at any time.