Work Accidents – In Many Cases, There Is Little Difference
work accident injury lawyersThis Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Attorneys principal office in San Antonio
In Many Cases, There Is Little Difference Between Contract and Full-time Employees
Many employers wrongly believe that if they hire contract employees, then they will not be responsible for them should they suffer workplace injuries and losses. They hold this belief because Texas law usually exempts contract employees from enjoying the complete rights that regular full-time employees enjoy, including protection from on-the-job accidents and mishaps. Be that as it may, the State of Texas does not clearly define or distinguish between the rights of contract and full-time employees. More about Workplace Accident Injury Lawyers in San Antonio here
In order for you to know and understand your status and its resulting rights, you will need the services or a workers’ compensation accident attorney to help you confirm your position. Texas law is extremely clear on this one position. When it comes to determining responsibility in the workplace, the real work done with the employer defines your status and your rights.
Many fundamentals can establish an employer-employee relationship, and the most direct is a contract of employment. Or, another instance of this relationship is when an employee serves as an agent of the activity of his or her employer, for example, even if you don’t have a contract to work for an event company, yet you wear the uniform, drive the company truck, receive the company’s money and set up and take down the company’s inflatable slides and bounce houses, then you are a company employee, despite the nonexistence of an agreement. More Information here
In many instances, however, the distinction between an employee and a contractor is not so easy to make. In the below situations, we’ve listed a number of circumstances that may determine your relationship with your current employer:
If the employee in question works for a number of clients: If an electrician is working on a number of assignments for several clients, he is an electrical contractor. If he works on many projects for one client, he is an employee. More about Workplace accident injuries here
If the employee in question uses and is responsible for his or her own tools and equipment, then he or she is a contractor; if he or she uses and is responsible for the employer’s tools and equipment for the employer’s work, then he or she is an employee.
If the employee in question is paid at the end of a project, then the employee is a contractor. If the employee is paid hourly or paid a salary, then the worker is an employee.
If the employee in question has his or her work supervised and inspected at various stages of completion, then the worker is an employee. If the employer is only concerned with the final product, the worker is a contractor.
If the employee in question has the ability to determine how much time is spent on a project, then the worker is a contractor. If the employee cannot determine the amount of work time spent on a particular task, then the worker is an employee.
If you are a worker for an agency, the rules for establishing the relationship may be related, but there are significant differences. The conditions are:
If the employee in question’s employer has the right to fire the employee at any time, the worker is considered an employee.
If the borrowed employee is responsible for supplying his or her own tools and/or equipment, then the worker is a contractor; if the employer supplies the tools and equipment for the job, then the worker is an employee.
If the borrowing employer cannot replace an employee with another employee at will, then the employee in question is a contractor.
If the borrowing employer has the employee in question for only a specified length of time, then the worker is a contract employee. If the time period is indeterminate, then the worker is an employee.
If the borrowing company uses an employee due to a very specific skill. For example, if an employer borrows a legal researcher to interpret a certain contract, then the worker is a contractor. If an employer borrows an employee to do work that almost anyone can do, then the worker is an employee.
If an employer is responsible for paying an employee’s Social Security and income taxes, then the worker in question is an employee; if the borrowing employer is not responsible for paying Social Security and income taxes, then the worker is a contractor.
More Great Car Accident Law Blogs Here:
https://www.summersandwyatt.com/after-an-car-accident/
https://www.chicagopersonal-injurylawyer.info/texas-car-accident-lawyers/
https://www.denvercopersonalinjurylawyer.com/successful-accident-attorneys/
https://www.siringolaw.com/car-accidents-back-injuries/
https://www.griffithlaw.net/personal-injury-law-accident-attorneys/
https://www.connecticutinjuryclaimscenter.com/we-handle-accident-injury-cases/
https://www.bannerbrileywhite.com/car-accident-cases-winning-aint-easy/
https://www.irvingattorney.net/car-accident-filing-an-insurance-claim/
https://www.keithsaylorlaw.net/common-auto-accident-injuries/
https://www.durrettebradshaw.com/injured-in-a-car-accident-call-us/
https://www.bhsmck.com/defective-tire-accidents/
https://www.thaddavidson.com/rollover-vs-other-car-accidents/
https://www.njinjurycenter.com/defective-tire-accident/
https://www.glglaw.net/car-18-wheeler-accidents/
https://www.petergoldsteinlawfirm.com/car-accident-attorneys/
https://www.sambrandlaw.com/you-need-a-car-accident-lawyer-if-you-are-injured/
https://www.dclawpllc.com/car-accidents-are-very-common/
https://www.howardandnemoy.com/do-i-really-need-an-attorney/
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