If I start a mobile detail/car wash business, do I need to provide our “contract labor” workers with workers compensation?

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If I start a mobile detail/car wash business, do I need to provide our “contract labor” workers with workers compensation?

Or could I file with TDI and advise the employee of non-coverage with a notice and signed contract?

Asked on May 2, 2012 under Business Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the laborers who are working for you in your mobile detail car wash business are employees as opposed to independent contractors you are required under the law to provide them with worker's compensation insurance.

If they are indpendent contractors you do not. From what you have written, if you have control over the coming and going of these individuals who will be working for you, they would most likely be deemed employees under the law. I suggest that you consult with a business lawyer further to determine whether the people working for you with respect to the control you have over them are employees or independent contractors.


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