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.