Workplace accidents can happen at any time and in any type of job. For undocumented workers in the United States, suffering an injury on the job can raise additional concerns about job security, access to medical care, and legal rights. However, it is essential to know that labor protection laws cover all workers, regardless of their immigration status.
Right to Workers’ Compensation
In most states, undocumented workers have the right to receive workers’ compensation if they suffer a workplace injury. Workers’ compensation covers medical expenses, lost wages due to the injury, and, in some cases, rehabilitation. You must report the accident to your employer as soon as possible and seek legal assistance to protect your rights.
Protection Against Retaliation
Many undocumented workers fear retaliation if they report a workplace accident or file a compensation claim. However, labor laws prohibit employers from retaliating against any worker who reports unsafe conditions or requests benefits after an accident. Firing or threatening an employee for exercising their rights can result in legal penalties for the employer.
Access to Medical Care
After a workplace accident, receiving medical care is essential for recovery. Medical expenses are often covered by the employer’s workers’ compensation insurance. Even if you are undocumented, you have the right to receive proper medical treatment without fear of retaliation or deportation.
Negligence Lawsuits
If an employer fails to provide a safe work environment, resulting in a serious injury, a worker may have the right to file a negligence lawsuit. Although workers’ compensation generally prevents lawsuits against an employer, other legal options may be available in cases of gross negligence or intentional harm.
Seek Legal Advice
If you or someone you know has suffered a workplace accident and is undocumented, it is highly recommended to seek legal advice from an attorney specializing in labor rights. An attorney can help you understand your options and ensure that you receive the compensation and fair treatment you deserve.
All workers have rights, regardless of their immigration status. Do not let fear prevent you from seeking the help and justice you deserve after a workplace accident. Contact us.
