There’s a lot of confusion (and misinformation) about employment status in Texas. It is important to note that just because you work on-site on a daily basis doesn’t mean that you are a full-fledged employee. Likewise, just because your boss tells you that you’re a contractor doesn’t mean that you are an independent contractor in the eyes of the law.
An employee is someone who works for an employer and has a set of work instructions and rules that they adhere to. A contractor on the other hand is someone who isn’t explicitly employed by the employer, and someone who dictates for themselves their work tasks as well as supervises themselves.
As an employee, you may be eligible for certain benefits as well as receive compensation if you’ve been injured at work (as long as your employer subscribes to workers’ compensation; something that Texas doesn’t require employers to carry). Contractors, by virtue of not being employed by their superiors, may not qualify for a workers’ comp claim.
That being said, both employees and contractors who’ve been injured on the job may still be able to file a negligence lawsuit in order to seek compensation for their injuries. Additionally, if the injury was caused by a defective product, you may also have a valid product liability claim.
Want to know your legal options? Call us at 1-877-405-4313 or email us using the contact form on this page for a free consultation.