This is one of the official workers' compensation forms for the state of Texas.
Texas Employee Workers For Independent Contractor
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How to fill out Texas Employees Request To Change Treating Doctors (Non Network)?
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FAQ
In Texas, the law presumes that a worker is an employee. If audited or challenged, it is incumbent upon the company to prove that the worker is an independent contractor. Basically, the company must show that the worker is self employed and that the company is merely a customer of the worker.
To qualify for PUA, Texans independent contractors, gig workers, and the self-employed must submit their 2019 IRS 1040 Schedule C, Schedule F, or Schedule SE (prior to December 26, 2020) by fax or mail: Fax: (512) 936-3250. Mail: Texas Workforce Commission, P.O. Box 149137, Austin, TX 78714-9137.
A: Typically a worker cannot be both an employee and an independent contractor for the same company. An employer can certainly have some employees and some independent contractors for different roles, and an employee for one company can perform contract work for another company.
According to IRS guidelines, it is possible to have a W-2 employee who also performs work as a 1099 independent contractor so long as the individual is performing completely different duties that would qualify them as an independent contractor.
Whether you're an employee or an independent contractor depends on the conditions of your employment, not your job title or work schedule. The law says you're an employee unless your employer can show otherwise. Your employer might have misclassified you as an independent contractor when you're actually an employee.