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  • Cardamone Law- The Official
    Partner of the American Worker

    If I Am An Independent Contractor Can I Get Pennsylvania Workers’ Compensation Benefits?

    No. The Pennsylvania Workers’ Compensation Act only covers employees. An “Employee” is synonymous with servant and includes all natural persons who perform services for another for a valuable consideration.  An independent contractor is not an employee because of the absence of a master/servant relationship.

    Some of the key factors in determining whether someone is an employee or independent contractor are: 1) terms of the agreement between the parties, 2) the nature of the work or occupation, 3) the skill required for performance, 4) which party supplied the tools, 5) whether payment is by time or the job, 6) whether the work is part of the regular business of the alleged employer, and 7) and the right the terminate the employment at any time.  But note- the key factor is the right to control the work to be done or the manner in which the work is to be performed.

    It is important to read the Commonwealth Court  and Supreme Court of Pennsylvania case law to juxtapose with your facts.

    For more info about Pennsylvania Workers’ Compensation Law, call experienced Pennsylvania Work Comp Lawyer (named PA Super Lawyer- Rising Star) Michael W. Cardamone at 215-206-9068 or email Michael@cardamonelaw.com for a free analysis.

    Work Place Accident Lawyer Pennsylvania

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