Am I Entitled to Worker's Compensation Benefits if I Am Undocumented and Get Hurt at Work?
Last month, Ohio House Republicans passed a bill that would deny worker’s compensation to undocumented immigrants
, citing the need to achieve uniformity in the country with regard to benefit
policies. House Democrats, however, claim that the measure does nothing
but deny help for people who are injured in the workplace and excuse employers
from being liable for unsafe work conditions that result in injured employees.
This is only one example of the disputes that are taking place across
the country regarding this issue.
Eligibility for worker’s compensation benefits is dependent on state
law, which varies widely from one state to another. Some states explicitly
provide for worker’s compensation benefits for undocumented immigrants
by statute. California, Florida, and Texas, for instance, have laws that
specifically provide undocumented immigrants with the right to file a
worker’s compensation claim and receive benefits if they are injured
on the job. In other states, such as Ohio, Oklahoma, New Jersey, and South
Carolina, courts have ruled that undocumented immigrants cannot be denied
worker’s compensation benefits solely because they are undocumented
and were illegally employed. On the other hand, courts in other states
have ruled that since undocumented immigrants cannot be legal workers,
they are not entitled to worker’s compensation benefits if hurt
while on the job.
Eligibility for worker’s compensation benefits is an important issue
for undocumented immigrants, who often work in unregulated and dangerous
jobs due to their undocumented status. Landerholm Immigration, A.P.C., has the experience that you need when you are facing deportation charges,
which are becoming more and more common each day. We are skilled at representing
immigrants just like you in immigration court, where we appear on a regular
basis. We know how to gather the facts that are relevant to your case,
assess your options, and determine whether you have any legal defenses
that may enable you to avoid deportation and remain in the United States.
Contact the Oakland immigration attorneys at our office today and learn
how we potentially can help you and your family through this difficult
situation.
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