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Legal Definitions - statutory employee

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Definition of statutory employee

A statutory employee is a type of employee who is covered, or required to be covered, by the employer's workers'-compensation insurance. This means that if the employee suffers an unintentional injury on the job, they cannot sue their employer for damages. Instead, they must file a claim for workers' compensation benefits.

For example, if a construction worker is injured while working on a job site, they would be considered a statutory employee of the construction company. They would not be able to sue the company for damages, but they could file a claim for workers' compensation benefits.

Another example of a statutory employee is a delivery driver who works for a company that provides delivery services. If the driver is injured while making a delivery, they would be considered a statutory employee of the company and would need to file a claim for workers' compensation benefits.

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Simple Definition

A statutory employee is someone who works for another person or company under a contract of hire, where the employer has control over how the work is done. This type of employee is covered by the employer's workers' compensation insurance, which means they cannot sue the employer for unintentional injuries that happen on the job. It's important to note that this is different from an independent contractor, who works for themselves and is not covered by workers' compensation insurance.

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