Workplace Injuries for Undocumented Workers

Undocumented workers often do dangerous and low-paying jobs that American workers refuse. An undocumented worker who suffers a workplace injury should get the same protections as other injured workers. However, compensation protections for undocumented workers can depend on state law.

Some states include undocumented immigrants in workers’ compensation laws, and other states don’t. For more about undocumented worker injury claims, talk to a local workers’ compensation attorney.

Legal Rights of Undocumented Workers

Undocumented workers don’t have the same workplace protections as those with legal status. Even when laws do protect undocumented workers, they may not enforce their rights. Migrant workers have a fear of retaliation or deportation. Regardless of immigration status, everyone deserves a safe work environment.

Workers’ compensation insurance provides benefits for work-related injuries. Injured workers get medical treatment and wage benefits while they recover. Workers’ comp is a no-fault system. Injured workers get benefits without having to prove employer negligence. However, workers have limited benefits and can’t sue for pain and suffering.

Unfortunately, not all states extend workers’ comp laws to all employees. Legal rights for undocumented workers depend largely on where they’re working.

Most states include undocumented workers in workers’ compensation protection. Only a few states expressly exclude undocumented workers from disability benefits. In some states, the workers’ comp status is unclear. The following are examples of state legal rights for undocumented workers after a workplace accident:

• California and Texas have statutes expressly including undocumented workers
• Wyoming’s statutes include only legally employed workers
• Alaska and Vermont statutes don’t expressly include or exclude workers with undocumented status

Accidents and Injuries for Undocumented Workers

There are more than 11 million unauthorized immigrants in the U.S., according to the Pew Research Center. Industries with the highest rates of unauthorized immigrant workers include:

• Agriculture
• Construction industry
• Hospitality
• Manufacturing
• Landscaping

These are some of the industries with higher rates of workplace accidents and occupational safety issues. Construction workers face a higher rate of falls, crushing injuries, and electrocution. Landscaping and agricultural workers have higher rates of occupational diseases. These diseases come from exposure to pesticides, dust inhalation, and environmental exposure.

Types of Workers’ Compensation Benefits Available

Workers’ compensation benefits help you get by until you can recover from your injuries. If you suffer from a permanent disability, workers’ compensation can also help train you for a new job. Types of workers’ comp benefits include:

• Wage loss benefits
• Medical benefits
• Vocational rehabilitation training, though some states don’t allow this for undocumented workers
• Survivor benefits for family members after workplace fatalities

Wage loss disability benefits are based on about two-thirds of your average weekly wages. Disability benefits continue until you can return to full-time work or part-time work. There’s also a limit to how long you can get benefits, which varies by state.

Most American workers can get other benefits after workers’ comp runs out. U.S. citizen workers with permanent disabilities can claim Social Security disability benefits. However, undocumented workers can’t get Social Security benefits.

Challenges and Denied Workers’ Compensation Claim

Undocumented workers face many challenges after a workplace accident. Some employers try to take advantage of their unlawful status to deny their rights. Employers like to take advantage of immigrant labor, but they don’t want to give those same workers legal rights. Undocumented workers must fight to get their workplace protections.

Some employers deny claims or give undocumented workers the wrong information. They may claim they don’t have to pay benefits because the worker doesn’t have a work visa. However, in most states, employers still need to pay benefits even if they can’t offer modified employment. Employers have to pay benefits if the employee can’t work, not if they can’t work based on immigration status.

Other employers try to discourage reporting workplace injuries. Workers don’t report dangerous working conditions for fear of retaliation or deportation. State and federal laws prohibit unlawful retaliation. To find out about your legal rights after a workplace accident, talk to an employment law lawyer.

Legal Help for Workers’ Compensation Claims

You have legal workers’ rights even if you don’t have lawful status. Many state and federal laws provide punitive damages for employers who wrongly deny worker rights. Employer penalties include violating wage and hour and workers’ comp laws. Your lawyer could help you recover the maximum settlement, including an award for attorney fees.

A workplace injury can cause long-term or permanent damage. A workers’ compensation lawyer can help you get healthcare and compensation for your injuries. Your lawyer can make sure your employer doesn’t abuse your rights. Contact a local workers’ comp lawyer to help with your workplace injury claim.