Workers Comp Rights for Undocumented Workplace Injury Victims

## Undocumented Workers Have Workers Comp Rights After Workplace Injuries

A common and dangerous misconception is that undocumented workers have no legal rights when they suffer workplace injuries. In fact, workers compensation laws in most states explicitly cover all workers regardless of immigration status. You have the right to medical care and wage replacement benefits after a workplace injury whether you are a citizen, documented resident, or undocumented worker.

Immigration status does not eliminate your workers comp rights — employers who tell undocumented workers they cannot file claims are breaking the law and engaging in illegal intimidation.

Understanding Workers Comp Rights Without Documentation

Workers comp is a no-fault insurance system. You do not need to prove negligence, and your right to benefits does not depend on your legal authorization to work. The injury itself — occurring on the job — is what creates the right to benefits. Employers pay premiums for this coverage for all workers on their payroll.

• You do not need to provide immigration documents to file a workers comp claim
• Workers comp insurers are generally prohibited from reporting your immigration status to authorities
• Medical treatment is authorized without regard to immigration status in most states
• Wage replacement benefits for undocumented workers are sometimes calculated on a replacement employee wage basis

Employers and their insurers sometimes use immigration status as leverage to pressure undocumented workers into accepting low settlements or withdrawing claims. This is unlawful. An experienced workers comp attorney who has worked with immigrant communities understands how to protect your rights, your safety, and your confidentiality throughout the claims process. You deserve the same protection every worker receives.