Pennsylvania Statutes Title 43 P.S. Labor § 933.3. Independent contractors

(1) The individual has a written contract to perform such services.

(2) The individual is free from control or direction over performance of such services both under the contract of service and in fact.

(3) As to such services, the individual is customarily engaged in an independently established trade, occupation, profession or business.

(1) The individual possesses the essential tools, equipment and other assets necessary to perform the services independent of the person for whom the services are performed.

(2) The individual's arrangement with the person for whom the services are performed is such that the individual shall realize a profit or suffer a loss as a result of performing the services.

(3) The individual performs the services through a business in which the individual has a proprietary interest.

(4) The individual maintains a business location that is separate from the location of the person for whom the services are being performed.

(5) The individual:

(6) The individual maintains liability insurance during the term of this contract of at least $50,000.

(1) An individual who is an independent contractor as determined under this section is not an employee for purposes of the Workers' Compensation Act. For purposes of this section, each employment relationship shall be considered separately.

(2) Nothing in this act shall be construed to affect section 321(2) of the Workers' Compensation Act.  1

(1) For purposes of section 4(l)(2)(B) of the Unemployment Compensation Law,  2 an individual is customarily engaged in an independently established trade, occupation, profession or business with respect to services the individual performs in the construction industry only if the criteria in subsection (b) are satisfied.

(2) Except as provided in paragraph (1), nothing in this act shall be construed to affect any exclusion from “employment” as defined in the Unemployment Compensation Law.