Independent Contractor or Employee for Civil Liability in Texas?

December 1, 2014 by Greg Baumgartner

In Texas, Who is Responsible for a Worker Injured in an Accident?

Whether or not you can hold an entity accountable for the actions of someone working for them often depends on whether the negligent person was an employee or an independent contractor. Understanding whether a worker is an Independent Contractor or Employee for Civil liability purposes in Texas is crucial for determining civil liability in the State. For this reason, many businesses try to categorize workers as independent contractors when they are employees.

Fortunately, the employer’s characterization is not binding. Leading personal injury attorneys fight daily to determine who is responsible in contractor or employee battles.

Notably, the characterization placed on the relationship by the entity paying the tab (the employer) may not prove correct. Many contractors prefer to avoid tax responsibilities and liability by calling everyone who works for them an “independent contractor.”

Independent Contractor or Employee Test for Tax Purposes

For tax purposes, the United States Supreme Court has held the following factors important in determining if an employer owed Social Security taxes on a worker:

• The degree of control exercised by the alleged employer.
• The extent of the relative investments of the [alleged] employee and employer;
• The degree to which the employer determines the employee’s opportunity for profit and loss;
• The skill and initiative required in performing the job, and the permanency of the relationship.

See Brock v. Mr. W Fireworks, Inc., 814 F.2d 1042 (5th Cir. 1987).

Independent Contractor or Employee for Civil Liability in Texas?

Key Factor- Who Controls the Details of the Work?

Courts will look beyond the characterization given by the alleged employer to determine whether or not the individual was an employee or an independent contractor. Call a Houston work injury lawyer if you are hurt on the job.

An employer must control not merely the end sought to be accomplished but also the means and details of its accomplishment. See Thompson v. Travelers Indem. Co., 789 S.W. 2d, 254, 259 (Tex. App.-1990).

Contractors May Be Responsible for Retaining Control, Resulting in Civil Liability in Texas

In construction law or contractor liability, the case of Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778 (Tex. 2001), was an important one holding that a general contractor can owe a duty of reasonable care to an independent contractor’s employee by retaining sufficient control over the work.

Generally, a contractor must retain the right to supervision, which affects how the work is done. It is important to note that a contractor can retain control of the work through a contract.

If you are severely injured in an on-the-job accident and feel a third party may be responsible, contact a personal injury lawyer near you for a consultation.

If you have been injured in an accident, don’t wait to get the help you need. Contact Baumgartner Law Firm today for a free consultation.

The Employment Status is Not Always Clear With Independent Contractors

If you have been injured in an on-the-job accident or an injury at a construction site where another company was at fault, contact our construction accident lawyers for a free consultation regarding your rights and options.

Contact an Experienced Houston Construction Site Injury Attorney at Baumgartner Law Firm

Our personal injury law firm has been helping folks in Houston who were seriously injured on the job and in construction accidents for over 40 years.

Call for a free consultation at (281) 587-1111.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

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