In Texas, employers are not required to subscribe to workers’ compensation, which means it may be possible to bring a lawsuit against your employer if you are injured while on the job.
Bringing a successful workplace accident lawsuit in Texas starts with proving that an employee-employer relationship existed between you and the person you are suing. Proving an employee-employer relationship is critical because the defendant may try to argue that you were an independent contractor rather than an employee.
Several factors are considered when determining whether an employee-employer relationship existed at the time of your accident. Three of the most important factors are whether you use your own tools to perform the work, whether you are on a salary or paid by the job and the amount of control the defendant had over the details involved with performing the work.
If you can prove that an employee-employer relationship existed, you must then pass a second hurdle, which is proving that you were acting in the “course and scope” of your employment at the time of the accident.
To prove that you were acting in the course and scope of your employment you must show two things. First, you must show that your injury occurred while you were acting in furtherance of your employer’s business. Second, you must show that the work you were required to do actually caused your injury.
If you were injured on the job, contact the Texas workplace accident attorneys of Fears | Nachawati today. To receive free legal advice about your Texas workplace accident and your rights, email us or phone us toll free at 1.866.322.6898.
