Is your employer calling you a contractor when you’re actually an employee?

It may not seem like a big deal at first.  Your employer has classified you as an independent contractor, but it doesn’t seem to matter because you’re just happy to have work.  To many people these days, having work and money coming in is more important than being labeled an “contractor” versus a “employee”.

While this may not seem like a big deal to you, it could become very important if you are injured on the job.  What you’ll find out is that if you’ve been classified by your employer as a contractor, you aren’t covered by workers’ compensation benefits.  Does this come as a surprise to you?  Well, it is true.  Under Texas law, employers do not have to purchase workers’ compensation insurance for independent contractors.

If you’ve been injured in a workplace accident and you find out you’ve also been labeled as a contractor – don’t despair.  You can speak to a qualified workplace injury attorney about your situation, and you may be able to fight for your rights in court.  It isn’t uncommon for the courts to decide that a person labeled as a contractor is in fact an employee.

You can read more about determining employee versus contractor status in our law library article, “Untangling Workers’ Compensation: Contractor vs. Employee Status”.