Injured at Work? Are You An Employee?

Date: January 14, 2012

Under Pennsylvania law, in order to establish a claim for benefits under the Workers Compensation Act, an injured worker needs to establish that there was an employment relationship between the injured worker and the alleged employer. This issue is typically seen in cases where the “employer” asserts that the injured worker was not an “employee” or was an independent contractor. The facts of the case are analyzed in the context of several questions regarding the control of the “employee”:

  • Did the “employer” have the right to select the “employee”;
  • Did the “employer” have the right and the power to remove the “employee”;
  • Did the “employer” have the power to direct the manner of the work performance;
  • Did the “employer” have the potential power to control the “employee”;
  • Who provided the tools or equipment utilized by the “employee”;
  • Who secured the work that was being performed;
  • Was the “employee” paid by the job, by the week, by the hour, etc.

If you are injured at work and have questions about a workers compensation claim, call me at (570) 347 -1011 or email me at tcummings@dlplaw.com for a free consultation.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.