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The Definition of an Employee for Workers Compensation


For the purposes of workers compensation, everyone is an employee except for independent contractors. That means, regardless of the way you received your employment, you are an employee and are entitled for workers compensation benefits.

Who is an Employee for Workers Compensation Purposes?

For the purposes of workers’ compensation, an individual is deemed an employee once an employment relationship was found, regardless if such relationship was expressed or implied, was oral or written. In addition, a working individual is not required to be on the employer’s payroll to be considered an employee. 

The Types of Workers Eligible for Workers Compensation Benefits 

The term employee is broadly defined; and there are many types of employees. The general premise if that if you fit the definition of an employee, you are eligible and entitled for benefits. However, learning what type of an employee you are helps you understand your rights and responsibilities. The following list is various types of employees who are able to recover benefits if they got hurt at work. 

  1. Under appointment
  2. Under apprenticeship
  3. Under contract
  4. In service of an employer
  5. Lawfully or unlawfully employed

The Difference between Lawful and Lawful Employees 

As the name suggests, a lawful employee is an employee who obtained his/her employment through illegal means and in accordance to the law. The opposite is an unlawful employee. For workers compensation, both lawful and unlawful employees are entitled for workers compensation benefits.

In California, even undocumented workers qualify for workers compensation in case of an accident at work. If you or someone you know were hurt at work, but afraid to file a claim because of their immigration status, you do not need to. Call us today and we promise 100% confidentiality. You deserve to be compensated for your injuries that occurred at work regardless of your documentation.

Are you hurt? Unsure if you can be covered with workers compensation? Call a Workers Compensation Attorney

Regardless of the means by which you were employed, you are considered an employee for workers compensation purposes. If you were hurt at work, or know someone who got injured on the job, call us today for a free consultation. Alexander Napolin has years of experience representing diverse numbers of employees in their workers compensation cases.

Alexander D. Napolin, Esq.