The Shelton Law Firm
Personal Injury & Maritime Law Nationwide Representation
Call Today For A Free Consultation

Misclassifying workers in Texas common

Workers must be classified as employees to be eligible to receive workers' compensation benefits if they are injured in an accident. In Texas, misclassifying workers is quite common, especially among workers in the construction industry. When workers are classified as an independent contractor instead of as an employee, employers are not responsible for providing workers' compensation benefits.

According to the Texas Workforce Commission, between 2010 and 2012, roughly 35,000 workers in the state were misclassified. This means that all of those workers were not eligible to apply for workers' compensation benefits if they were injured while working. This is a serious issue, especially since reports continue to show that the construction industry is one of the most dangerous workplaces for employees in the United States. 

To protect low-income workers, workers' rights groups are calling for changes to keep these workers protected. Legislators have proposed a bill that would address this situation.

The proposed bill would result in all workers being classified as employees in all industries in Texas. Employers would have to notify the Texas Workforce Commission when workers are classified as independent contractors. 

This bill could be a solution for workers in the construction industry and other industries where low-income workers are commonly misclassified as independent contractors. However, the construction industry is hesitant to support any legal changes, citing that classifying more employees as actual employees could lead to higher building costs that would be passed on to homeowners. 

Workers in Texas should pay careful attention to this bill and any other developments, especially workers who are more likely to be misclassified by their employer. 

Source: Midland Reporter-Telegram, "Texas urged to crack down on employers that misclassify workers," Julian Aguilar, March 16, 2015

No Comments

Leave a comment
Comment Information
The Shelton Law Firm - Houston Personal Injury Lawyer

The Shelton Law Firm 2777 Allen Parkway 14th Floor Houston, TX 77019 Toll Free: 877-771-6139 Phone: 281-506-0120 Fax: 713-400-4086 Houston Law Office Map