The Center for Immigration Studies estimates that 10.8 million illegal immigrants worked in the January 2025 data, accounting for some 6.7% of all workers. Illegal immigrants are heavily concentrated in lower-skilled, lower-paid jobs, typically done by those without a bachelor’s degree.
Can undocumented workers get workers’ compensation if injured in the workplace? If you’re an undocumented worker, you might be scared to speak up. You may worry about losing your job or even being reported and deported. In reality, undocumented workers can get workers’ compensation.
According to The Bollinger Law Firm, any injury that takes place within the scope of your employment may qualify you to make a claim for medical benefits. Be aware that the process can be confusing, and some employers may exploit your situation.
This article will discuss your rights as an undocumented employee and how a lawyer gives you the support you deserve without putting yourself at more risk.
Understanding Workers’ Compensation Rights for Undocumented Workers
It is common to think that illegal workers do not have any rights when it comes to workers’ compensation. It is not entirely accurate.
You and every foreign employee have the right to claim workers’ compensation benefits regardless of immigration status. You may claim work injuries for medical costs, lost wages, and other related damages.
You are entitled to safe working conditions, and your employer must provide coverage for injuries occurring during employment.
Undocumented workers’ comp lawyer Abel H. Fernandez says undocumented immigrants are sometimes unsure about what rights they have, leading them to be apprehensive about pursuing compensation without documentation of their citizenship. Finding a workers’ comp attorney who focuses on cases involving undocumented immigrants can remove this fear.
Never hesitate to seek legal assistance to assert your rights and claim the benefits you are entitled to.
State Variations in Workers’ Compensation Laws
Under the various state workers’ compensation laws, workers, even those who are not legally documented, can receive some help. You may be unaware of your rights as a result of the complicated nature of workers’ compensation legislation.
You can get workers’ compensation in California and New York even if you don’t have a work permit. This means that the workers’ compensation laws in California and New York would still protect you. Unauthorized immigrants are entitled to workers’ compensation in Texas if their employer has coverage.
You need to know about the variations in the laws. So, go to a workers’ compensation lawyer to find out more about the rules in your state and safeguard your rights.
Eligibility Criteria for Benefits
The workers’ compensation benefits require some eligibility criteria that may vary according to the state and the nature of your employment.
You must be an employee rather than an independent contractor. The type of injury must have happened during work assignments. The injury should happen during the employment period. It is important to report the injury to the employer soon after, as most states have a short deadline for filing a claim.
Some states require proof of employment, which can be difficult if you are not a documented worker.
You should examine your state’s rules to be certain you don’t lose what is legitimately yours.
The Role of a Lawyer in the Workers’ Compensation Process
Attorney services play a key role in attending to workers’ compensation laws. Attorneys inform you about the various rights and benefits that you may access without needing to complete paperwork.
By gathering evidence, such as medical records and witnesses’ testimony, an attorney seems to be in a better position to strengthen the claim. They also deal with the challenges of dealing with insurance companies.
They will see you through the appeals process should your claim end up being denied and do so in a way that also safeguards you from making mistakes that can damage your case.
You can count on the lawyer to safeguard your rights and secure compensation for an accident that occurred at work. During this difficult time of your life, you should not forget the importance of having a lawyer.
Steps to Take After a Workplace Injury
In the case of an accident at work, your rights should be duly secured and medical treatment properly given.
You should take immediate medical treatment, regardless of how minor the injuries may appear. Document everything. Take pictures of the accident scene and surroundings, collect witness numbers, and keep a log of all hospital visits.
The injury ought to be immediately reported to the employer. Having documentation is important for the claim of workers’ compensation.
If you are undocumented, do not be scared; do not let your undocumented status keep you from receiving compensation.
See to it that you find an attorney skilled in workers’ compensation to guide you through and explain your rights.
