A construction injury can leave you facing medical bills, missed paychecks, and questions about who is responsible for your recovery. If your contractor calls you an independent contractor, that label may affect your injury claim, but it does not automatically settle your legal status.
Texas looks at the actual working relationship and the circumstances of your injury. Understanding the difference can help you identify who may owe you compensation and what to do next. At Harrell & Paulson, with offices in Kaufman and Heath, Texas, we help injured people in Forney, Terrell, Rockwall, and nearby communities understand their legal options after serious accidents. If you are unsure where you stand, contact us to discuss your situation.
How Does Texas Determine Employment Status?
Paperwork does not decide it. Texas courts focus on the right to control: who directs the details of the work, who supplies the tools and materials, how you are paid, and whether you operate an independent business. Under Texas Labor Code § 406.121, an independent contractor is generally someone who performs work without being subject to the hiring company's control, except as to the final result.
Consider a framing laborer who is paid hourly, uses the general contractor's tools, and follows its supervisor's instructions. Even with a contract calling him an independent contractor, he may have a strong argument that he is an employee.
A subcontractor who bids jobs, brings equipment, and hires helpers looks very different. No single factor decides the issue, and the tests used for workers' compensation, unemployment, wage, and tax purposes can differ, so status for one purpose does not settle the others.
How Does Classification Affect Workers' Compensation?
Employees of employers that carry workers' compensation insurance may qualify for medical benefits and partial wage replacement. A genuine independent contractor generally cannot claim benefits under another company's policy. Texas also allows most private employers to opt out of coverage, and those "nonsubscribers" face different rules, discussed below.
Construction adds another layer. Under Texas Labor Code § 406.123, a general contractor can agree in writing to provide workers' compensation coverage for a subcontractor and its employees. When it does, the general contractor is treated as the employer for workers' compensation purposes, and the subcontractor's workers may receive benefits under the general contractor's policy.
Public construction projects carry separate coverage requirements. We can review the contracts between the companies involved to determine whether they addressed coverage, because an agreement you never saw may determine your benefits.
Can You File a Personal Injury Claim Instead?
Possibly. If you legally qualify as the employee of a nonsubscriber, you may be able to bring a negligence claim against that employer. Under Texas Labor Code § 406.033, the employer cannot raise defenses such as contributory negligence or assumption of risk, but you must still prove that its negligence caused your injury.
Even a genuine independent contractor may have options. You may be able to pursue a negligence claim against a general contractor, property owner, or equipment manufacturer. Texas's proportionate-responsibility rules apply: your recovery is reduced by your percentage of fault, and you are barred from recovering if you are found more than 50% responsible.
How Does Chapter 95 Limit Claims Against Property Owners?
If your injury involved a hazard on someone else's property, Chapter 95 of the Texas Civil Practice and Remedies Code may apply. It limits a property owner's liability when a contractor, subcontractor, or their employee is injured while working on construction, repair, or renovation of the property.
In general, you must show that the owner controlled how the work was performed and had actual knowledge of the danger but failed to warn about it. Owning the site isn't enough, so these claims require early, careful investigation.
What Evidence Can Help Your Claim?
Both your employment classification and the cause of the accident are often disputed after a Texas construction injury. Early records can show how you worked, what happened, and what you lost, and we can help you identify what matters most.
Work agreements and payment records: Contracts, invoices, pay stubs, and tax forms show how the company classified and paid you.
Instructions and supervision: Texts, emails, and schedules can show who controlled your work.
Accident documentation: Photographs, incident reports, and witness contact information help explain what happened.
Medical and financial records: Treatment bills and records of missed work document your losses.
Seek medical care, report the accident through your workplace's procedures, and preserve every document. If a company denies responsibility because of your classification, ask for its explanation in writing and find out whether workers' compensation coverage existed for the project.
What Deadlines Apply?
Deadlines are short and vary by claim. For a workers' compensation claim, you generally must notify your employer within 30 days of the injury and file a claim with the Texas Division of Workers' Compensation within one year. Most negligence claims must be filed within two years. Missing a deadline can end a claim, so do not wait for your classification to be resolved before getting advice.
Talk to a Texas Construction Injury Attorney
The label on your paperwork doesn't answer every question. Your working relationship, the available insurance, and the cause of your injury all matter. At Harrell & Paulson, our attorneys, C.R. Harrell and David Paulson, can review your records, identify potential claims, and explain your options. Contact us today to discuss your construction injury.
