The key factor in determining whether a worker can file a personal injury lawsuit or a workers’ compensation claim is the worker’s job status. Independent contractors can file a claim for negligence against their employer. Employees must file a workers’ compensation claim. There are many factors that determine whether a worker is a contractor or an employee. However, some of the most frequently considered factors include: The ability of the employer to control the workers’ actions. More control suggests an employee status. Less control suggests a contractor status. How the worker is paid. Payment by the week suggests employee status. Payment by the hour suggests contractor status. Whether the worker can do other jobs. If a worker is working for many different employers, then he/she is likely an independent contractor.