I can't see how an employer can take legal action against a pilot for crashing their helicopter, assuming all things like licenses and medicals etc being in order. Even pilots who run out of fuel, I don't recall anybody being sued by an employer for this.
As for the pilot taking legal action against the employer, the arguments there would be more interesting. Particularly in this instance where the employer claims the pilot was an independent contractor, employer trying to distance themselves for this reason may be difficult. The pilot might get some traction here if the training record fails to show she was adequately trained for the task required. Although there is an assumption that a licensed pilot has the knowledge to lower the collective if the helicopter starts to roll over on lift-off. No doubt with a barrister on her side against an employer representing himself puts the odds squarely in her favour than would otherwise be the case.