Defining An Employee

Most workers’ compensation statutes define “employee” as every person that is hired by another to perform a service, whether by expressly asking to work or by impliedly allowing it. When defining the term “employee”, the courts have generally followed the guidelines that have been constructed by previous cases where an employer is being held liable for the actions of his employee. There, the distinction has to be made between someone who is an “employee” and someone who is an “independent contractor”.

However, because there is a difference between workers’ compensation law and that of an employer’s liability for injuries to other persons, the definition of the term “employee” has been stated in specific statutes concerning workers’ compensation. This is where it is given a broader interpretation in order to bring workers’ compensation coverage to persons whose status may be unclear, but workers’ compensation benefits would still be appropriate.

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