Workers Compensation For Undocumented Workers: Handling A Tricky Situation

Posted on: 1 May 2017


Workers compensation is meant to help nearly all workers in nearly all lines of work. However, what happens when you are an undocumented worker? If you are injured while working in this country, how does that affect your ability to claim workers compensation? It is a tricky situation, but not an unusual one for workers compensation attorneys, like Galanti Law Office. If you are an undocumented worker and you get injured on the job, here is how this might play out.

You Cannot File a Claim Without Repercussions

Filing a worker's comp claim while you are undocumented could lead to some unpleasant repercussions. This may include a revocation of your application for citizenship, or you could be deported. You certainly cannot file a claim without a lawyer's help or you may receive the worst possible outcome on your case. Still, you are a worker who should be protected under your employer's worker's compensation insurance, so a lawyer can help you get around this sticky situation.

Your Lawyer Can Help Get You Documented Again

Technically, you should have a worker's visa to be working for any employer in the U.S. If you do not have a work visa, or if your employer hired you without one, you are undocumented. Your employer could get into some deep legal trouble for doing this. Your lawyer can work with your employer to make sure you have an official work visa and are a documented worker again. Then you can continue to file your worker's compensation claim.

File No Paperwork and Sign No Paperwork Without Your Lawyer

Do not file any paperwork and do not sign anything without your lawyer present. You are currently in a very sticky situation, and you need to be compensated for your injuries without fear of deportation. That said, signing anything without a lawyer present could put you in a deportation facility with injuries that have not been treated and for which you have not received proper compensation.

Bring Your Previous Visa and Injury Records to the Lawyer

If you had a work visa before, bring your expired visa to the first appointment with the lawyer. Also, if you visited a clinic or hospital for care for your work-related injuries, bring copies of these documents too. The lawyer will need to see everything in order to determine what route best to take in a case such as yours. Then he/she will inform you how to carefully manage the next few steps so that you can legally receive compensation for your injuries.