A painter who didn't sign an independent contractor agreement before he was injured on the job is considered an employee and entitled to workers compensation benefits, the Commonwealth Court of Pennsylvania has ruled.

On May 6, 2011, days after he began working for Scott Lee Staron, who does business as Lee's Metal Roof Coatings & Painting in Fleetwood, Pennsylvania, Thomas Farrier fell off a roof and struck his head on the sidewalk, and underwent surgeries on his left ankle and right knee later in the month, court records show.

On Oct. 5, 2011, Mr. Farrier filed a claim for workers comp benefits, records show. However, Mr. Staron denied there was an employment relationship between the company and Mr. Farrier.

Mr. Staron testified before a workers comp judge that, prior to starting work, Mr. Farrier was told he would make $100 per day and that he would have to sign an independent/subcontractor agreement, records show.

Mr. Staron also said that Mr. Farrier used his own brushes, caulk gun, painter pants and knee pads, though he was provided with ladders and all other necessary equipment, according to records.

From May 3 through May 6, 2011, Mr. Staron and Mr. Farrier traveled to the job site together, records show. Mr. Staron said that after telling Mr. Farrier on the first day to clean and paint the front part of the roof, he didn't give him any additional work directions.

According to records, Mr. Staron testified that he forgot to have Mr. Farrier sign the independent/subcontractor agreement at their initial meeting, but that Mr. Farrier signed and dated the agreement when they met after he was released from the hospital on May 6, 2011.

Mr. Farrier then testified that he “might have” signed the agreement, though he didn't say whether the signature on the agreement was his, records show.

The workers comp judge found that Mr. Farrier had not entered into the agreement at the time he sustained his work-related injury on May 6, 2011, and, as a result, was not an independent contractor, according to records.

On appeal, the Pennsylvania's Workers' Compensation Appeal Board affirmed the judge's decision on Nov. 6, 2014, leading Mr. Staron to appeal to the Commonwealth Court of Pennsylvania.

The Commonwealth Court of Pennsylvania affirmed the board's decision on Friday, ruling that “no written contract existed … at any point during (Mr. Farrier's) work for (Mr. Staron) and, thus, claimant could not be considered an independent contractor.”

To receive benefits, an injured worker must establish that he or she sustained an injury in the course of employment, that the injury resulted in a loss of earning power, and that an employer/employee relationship existed, according to the ruling.

Although he later signed the agreement, it didn't change Mr. Farrier's employment status because “a written contract for services did not exist at the time of (his) injury,” the ruling states.