This blog was brought to you by Carabin Shaw – San Antonio Accident Injury Attorneys.

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 our 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 of a work injury 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. Below, we’ve listed a number of circumstances that may determine your relationship with your current employer:

• If the worker takes on a number of assignments for several clients — for example, an electrician working projects for many different clients — he is a contractor. If he works on many projects for a single client, he is an employee.
• If the worker 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 worker is paid at the end of a project, then they are a contractor. If the worker is paid hourly or a salary, then they are an employee.
• If the worker has their work supervised and inspected at various stages of completion, then they are an employee. If the employer is only concerned with the final product, the worker is a contractor.
• If the worker has the ability to determine how much time is spent on a project, then they are a contractor. If the worker cannot determine the amount of work time spent on a particular task, then they are an employee.

If you are a worker placed through an agency, the rules for establishing the relationship may be related, but there are significant differences. The conditions are:

• If the employer has the right to fire the worker at any time, the worker is considered an employee.
• If the borrowed worker 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 the worker with another worker at will, then the worker is a contractor.
• If the borrowing employer has the worker 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 a worker for a very specific skill — for example, borrowing a legal researcher to interpret a certain contract — then the worker is a contractor. If an employer borrows a worker to do work that almost anyone can do, then the worker is an employee.
• If an employer is responsible for paying a worker’s Social Security and income taxes, then the worker is an employee; if the borrowing employer is not responsible for paying Social Security and income taxes, then the worker is a contractor.

If you were hurt on the job in San Antonio and aren’t sure whether you count as an employee or a contractor, that question can decide your entire claim. Call Carabin Shaw at (210) 222-2288 for a free consultation, and let us confirm your status and fight for the compensation you’re owed.

.

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/

Written by Admin