I. Independent Contractor Definition for Website
The distinction between independent contractor and employee can often prove very difficult. It is an intensely fact-driven determination to be made by the administrative judge, on a case by case basis. Questions to be considered include, but are not limited to:
- How much control or supervision does the “principal” have over the “contractor”?
- Who supplies the tools?
- What is the duration of the employment?
- How is the individual paid - hourly or by the job?
- What is the understanding between the parties, do they believe that they have established an employee/employer relationship?
In MacTavish v. O’Connor Lumber, 6 Mass. Workers’ Comp. Rep. 174 (1992), the reviewing board discussed many of the characteristics that help determine whether an individual is an employee or an independent contractor.