Can an Independent Contractor Sue for a Work Injury in Texas?

 Posted on September 19, 2026 in Work Accidents

Independent contractors work in many jobs where serious work accidents can happen. However, they do not always have the same protections as employees after an injury.

In Texas, an independent contractor can sue when another person or business is legally responsible for causing a work injury. If you were injured as an independent contractor in 2026, a Dallas, TX work accident attorney can explain your options for seeking compensation.

Who Is Considered an Independent Contractor in Texas?

An independent contractor is generally someone who is hired to complete a specific job but controls how that work is performed. Unlike an employee, the worker is not under the hiring company's direct control over the details of the work.

Under Texas Labor Code Section 406.121, an independent contractor generally:

• Acts as the employer of any employees they have
• Works independently from the person who hired them
• Uses their own methods to complete the job
• Provides the tools or supplies needed for the work
• Has the skills needed to complete the specific job

A worker called an "independent contractor" could still qualify as an employee if the company controls how the work is performed. That distinction can affect workers’ compensation coverage and the types of claims available after an injury.

Who Can an Independent Contractor Sue After a Work Injury in Texas?

An independent contractor can file a personal injury claim against a person or business whose negligence caused the injury. This could include a property owner who failed to address a dangerous condition or a general contractor whose actions caused an accident.

Other claims can arise when a defective product or a vehicle causes the injury. For example, an independent contractor hurt by faulty equipment could have a claim against the manufacturer. Or if they were struck by a negligent driver while working, they could pursue a claim against that driver.

Does Workers' Compensation Cover Independent Contractors in Texas?

Independent contractors generally do not receive workers' compensation through the company that hired them. However, Texas law provides ways for some contractors to obtain coverage.

Under Texas Labor Code Section 406.123, a general contractor and subcontractor can enter into a written agreement under which the general contractor provides workers' compensation coverage to the subcontractor and the subcontractor's employees. After an injury, reviewing your work contract and insurance documents can help determine whether coverage was in place.

Can an Independent Contractor Sue a General Contractor in Texas?

A general contractor can be held responsible when it owes an independent contractor a legal duty, and its negligence causes the injury. However, if the injured contractor is covered by the general contractor's workers' compensation insurance, Texas's exclusive-remedy rule may limit the contractor's ability to bring a personal injury lawsuit against that general contractor. Being in charge of the overall project, by itself, does not make a general contractor responsible for every accident at a jobsite.

The Texas Supreme Court addressed this issue in the 2026 case JMI Contractors, LLC v. Medellin. An independent contractor fell from an unguarded roof and sued the general contractor. The Court treated the case as a premises liability claim because a condition of the property caused the injury.

A negligence claim focuses on careless actions that caused the accident, whereas a premises liability claim focuses on a dangerous condition on the property and the legal duty owed regarding that condition. In this case, the Court ultimately ruled in favor of the general contractor because the unguarded roof was an open and obvious hazard and the necessary-use exception does not apply to independent contractors.

How Long Does an Independent Contractor Have to File a Work Injury Lawsuit in Texas?

Under Texas Civil Practice and Remedies Code Section 16.003, an independent contractor generally has two years to file a personal injury lawsuit. It's important to be aware of when your deadline is, so as not to miss the window for filing.

Gathering evidence early can make it easier to show what caused the accident, especially since worksites can change. An attorney can help investigate the accident and gather the necessary evidence for a claim.

Contact a Carrollton, TX Work Accident Attorney

Independent contractors injured on the job may have a claim when another person or business caused the accident. Attorney Jerry D. Andrews is board-certified in personal injury trial law by the Texas Board of Legal Specialization and represents injured workers in complex accident claims. The firm works on a contingency basis, so you do not pay attorney fees or case costs unless compensation is recovered.

For a free consultation, contact our Dallas, TX work accident lawyer at Jerry D. Andrews, P.C. or call 214-221-5800.

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