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Can undocumented workers get workers’ compensation?

On Behalf of | Apr 9, 2020 | Workplace Accidents

As an undocumented immigrant, it can be difficult to secure work while in the U.S. If you find a job, the government desires that it is a safe workplace for everyone, including you. The idea is that everyone deserves to work in jobs that do not pose unnecessary harm, and employers must be accountable for providing a safe working environment for all employees.

One motivation for employers to ensure that they provide you with a hazard-free environment is that you are eligible for workers’ compensation benefits if you suffer an on -the-job injury, according to the New York City Comptroller. Safety on the job is a basic human right that your immigration status does not impact.

Fear of retaliation

Because you have a right to workers’ compensation and a safe and healthy workplace, the law does set regulations for your boss to prevent retaliation. For example, your employer cannot tell you that you cannot file a claim for benefits, nor can your company report you to immigration because you file a claim. You have the right to file just like any other worker.

Confusing tactics

Your employer may try to make you think that you are not eligible for benefits. Some companies may pay in cash or pay you off the books and tell you that because of the way they pay, you cannot get benefits. This is not true. You are still eligible, and your organization must still provide workers’ compensation insurance.

You can work for the state workers’ compensation board to file the necessary paperwork if your company refuses to assist you. Keep in mind that there are time limits for filing, so you should keep trying and contact the necessary people to file your claim regardless of what your boss says.

You should keep in mind that if you get a claim approval, it will cover your medical costs associated with the accident. You could also receive payment for lost wages.