Most people would agree that being injured on the job would qualify an employee for workers' compensation. But what if the person injured was an exotic dancer, who could be an independent contractor or an employee?

LeAndra Lewis worked as an exotic dancer, performing five to seven days a week throughout North and South Carolina, dancing at different establishments, including Studio 54 Boom Boom Room (the club) in Columbia, S.C. One night when Lewis was dancing at the club, a fight broke out and she was struck in the abdomen by a stray bullet, which caused severe damage to her internal organs and resulted in the loss of a kidney as well as substantial scarring—which could be devastating for a woman in her line of work.

Lewis filed a claim for workers' compensation requesting temporary total disability benefits and medical treatment from the date of the accident. A representative of the South Carolina Uninsured Employer's Fund disputed the claim, arguing that Lewis was an independent contractor not an employee.