Legal Question in Personal Injury in Texas

contracters responsibility for injuredcontractlaborer

I am an independent contractor.I hire people as contract labor. If this contract labor falls and injures their foot am I responsible? I do not carry commercial liability. Iam not required to do so. I inform every person that works with me that they too are contract labor.


Asked on 6/27/00, 10:54 pm

2 Answers from Attorneys
Michael Dunn Smead, Anderson & Dunn

Re: contracters responsibility for injuredcontractlaborer

There are MANY factors which could effect potential liability but as a general rule it is very difficult to sucessfully use "contract labor" to avoid what would otherwise be a true "employee". This is a high risk area if you are ever challenged on it. A brief conference with a lawyer would help identify your particular situation so as to arrive at an answer to your question.

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Answered on 9/05/00, 5:16 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: contracters responsibility for injuredcontractlaborer

There are very specific and stringent tests applied to those who work for you to determine whether or not they are true contract laborers. Most are not, and it is quite difficult to qualify. The IRS has no sense of humor if you do not qualify. There could be extreme penalities and interest if you are wrong.

It is impossible to determined what set of facts could trigger liability on your part, but characterizing workers as contract labor will not protect you from negligence which may injure one or more.

Check out worker's compensation. You probably need it. What you are doing presently is dangerous and probably does not protect you in the ways you think.

Consultation with a business lawyer could pay dividends for you right now.

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Answered on 9/05/00, 5:34 pm


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