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 doing work for them can often turn on whether the negligent person was an employee or an independent contractor. 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 the contractor or employee battle daily to determine who is responsible.

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

Independent Contractor 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 “employee’s” opportunity for profit and loss is determined by the “employer”;
• 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).

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

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 of supervision that affects how the work is done. It is important to note that a contractor can retain control of the work by 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 me 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

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 35 years.

(281) 587-1111.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

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