Published by Carabin Shaw – Austin Work Injury & Workers’ Comp Attorneys

Workers’ Compensation – What Is a Contract Employee?

It is much harder for an employer to claim that no employer-employee relationship exists with a contract worker than to prove a sole-proximate-cause defense, since those claims are fairly easily dismissed. Before any work agreement is signed, employers will try to show you that you are not an employee, and after a workplace injury they will immediately begin trying to convince you that you were never part of their workforce. They use language to confuse the relationship. You can learn more about our Workers’ Compensation Lawyers in Austin here.

They hire you as a “contractor” to suggest you don’t have certain rights and protections, yet they have you do all the work of a regular employee. Then, if you are harmed or injured in their workplace, they argue that they aren’t liable for your injuries and can avoid paying you compensation. But an employer may treat you as a contractor when Texas law would actually classify you as an employee — in which case they are, in fact, liable for the injuries and harms you’ve suffered on the job, including your medical expenses and lost future wages.

You can also find information on how to act after a Work Accident Injury in Austin here.

In order to receive compensation for the injuries, the harmed worker in this situation carries the burden of proving an employer-employee relationship. A skilled, aggressive, and experienced workers’ compensation attorney draws on more than 34 years of experience to help you establish that an employer-employee relationship existed with your non-subscriber employer, so our work injury lawyers can help you receive the full and fair compensation that is your right.

Texas law may hold you to be an employee if one or more of the following conditions are met:

• The employer withholds taxes and Social Security from your paycheck.
• The employer provides all the equipment necessary for your work.
• The employer expects you to follow a specific work schedule and work for defined periods of time.
• The employer managed, directed, and inspected your work during your shift.
• The employer had you give up traditional employee rights by signing a document, subjected you to mandatory drug testing, or had you confirm that you received and read an employee handbook.
• The employer hired you for an indefinite period, not just for a single job.
• The employer pays you an hourly wage or salary rather than on a case-by-case basis.

Our workers’ compensation attorneys will depose and interview your coworkers and examine any material evidence that can establish the existence of an employer-employee relationship, combing through employment contracts, pay stubs, time cards, and other solid evidence.

If you were hurt on the job in Austin or the surrounding Travis County area and your employer is trying to call you a contractor, don’t take their word for it. Call Carabin Shaw today at (512) 832-1101 for a free, confidential consultation.