Will an employee post-injury waiver hold up in Court? As explained by the Tyler Court of Appeals in Gunn v. Baptist/St. Anthony's Health Network, 2013 WL 2446429 (Tex. App.-Amarillo May 31, 2013, no. pet. h.), if you follow the Texas Labor Code, it very well could.
Last month, the Dallas Court of Appeals renewed the general rule of how to determine whether or not your independent contractor is really an employee. The general rule is a test of "control." Poynor v. BMW of N. Am., LLC, No. 05-10-00724-CV, 2013 Tex. App. LEXIS 1743 (Tex. App.-Dallas Feb. 21, 2013).