What are the rights of an independent subcontractor regarding an accident at work?

Asked on March 19, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are truly an independent contractor, you are not entitled to worker's compensation. Therefore, your potential recourse is that you could sue the main contractor, and/or possibly the business/homeowner/property owner/etc. where the work is being done, IF you can show that one or another of them was at fault in some way in causing the accident--for example, that they maintained unsafe conditions. Unfortunately, in the absence of fault, you generally cannot hold someone else liable for your injuries.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.