Effect Of Employment Status On Recovery

There are several ways that employers will try to deny workers’ compensation to an injured worker. This section will explain the common defenses that employers use to deny benefit to an injured worker by maintaining that the worker was never an employee. Sometimes, the employer may try to claim that the worker was not really an employee because he was an independent contractor. The employer may also claim the employment contract itself was illegal, thereby no employment relationship existed. Other defenses may be that the employee was a minor; the employee was an undocumented alien or even that the employee had given false information on his employment application. This section will discuss the merits of such defenses by employer and how they can be defeated.

A. Defining An Employee

B. The Distinction Between Employee And Independent Contractor

C. Illegal Employment Contracts

D. Illegally Hired Minors

E. Injured UnDocumented Aliens

F. Employee Has Falsified Employment Application