Job Site Injury? Are you an independent contractor or an employee? The ten-factor test is key to determining whether you have a personal injury negligence case or a worker's compensation case.
In Indiana, if you sustain a job site injury one of the questions that could arise is whether you are an independent contractor or an employee. If you are an employee, then your only option would be pursuing a worker's compensation case. If you are an independent contractor, then you could pursue a personal injury negligence case if you can show that a third party was responsible for your injury, i.e., negligent.
The factors are:
(a) the extent of control which, by the agreement, the master may exercise over the details of the work;
(b) whether or not the one employed is engaged in a distinct occupation or business;
(c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;
(d) the skill required in the particular occupation;
(e) whether the employer or the workman supplies the instrumentalities, tools, and the place of work for the person doing the work;
(f) the length of time for which the person is employed;
(g) the method of payment, whether by the time or by the job;
(h) whether or not the work is a part of the regular business of the employer;
(i) whether or not the parties believe they are creating the relation of master and servant; and
(j) whether the principal is or is not in business.
Moberly, 757 N.E.2d at 1010 (citing Restatement (Second) of Agency § 220(2)). The Moberly court noted that no single factor was dispositive.
Indiana personal injury attorneys and Indiana worker's compensation lawyers will sometimes find themselves using the ten-factor test to distinguish employees from independent contractors and better understand what type of claim is applicable -- whether it be a personal injury claim or a worker's compensation claim.
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