Am I an employee or an independent contractor?

Answer:

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 (214) 651-6100 or email us using the contact form on this page for a free consultation.

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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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