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

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


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.

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