Workers’ Compensation for Undocumented Workers

The workers’ compensation system is a right designed to help and provide benefits to workers regardless of their immigration status. Both citizens and documented or undocumented foreigners can access it.

Barriers and misinformation

First, we must define what workers’ compensation is. It is an insurance system that benefits employees who suffer accidents, injuries, or illnesses due to the performance of their job duties. This includes medical expenses, lost wages, treatments, rehabilitation, and, depending on the severity of the injuries, medium- and long-term disability payments.

It is essential to understand that in many states, this benefit does not distinguish between immigration status, but undocumented workers may face some common challenges and fears:

  • Repercussions: There is a latent fear of being fired or deported if they file a workers’ compensation claim.
  • Misinformation: Many workers are unaware of their rights and do not know they qualify for workers’ compensation.
  • Access to Legal Resources: Another challenge is finding legal teams willing to work with them or even the language barrier, as English is not their first language.

Having clarified this, it is crucial to know the steps to follow after suffering a work-related accident or injury:

  1. Report the Injury: Inform a supervisor and follow all the procedures indicated to file your claim.
  2. Seek Medical Attention: Your health always comes first, so you should be evaluated by a medical professional to begin the necessary treatment.
  3. File the Claim: Each state has a different procedure that includes forms and evidence. Make sure to do it correctly and as soon as possible.
  4. Legal Advice: Your lawyer will ensure your right to fair compensation and can help you navigate the process and file the claim correctly.

Workers’ compensation aims to ensure that workers have the necessary support to recover without facing extreme financial hardship. If you have suffered a work-related accident, do not hesitate to seek legal help.

At Rendon & Associates, we are committed to supporting all workers, regardless of their immigration status, and fighting for their rights and well-being. Contact us.