People who work in warehouses or manufacturing plants often face significant safety risks, but some are also worried about another risk – Immigration and Customs Enforcement (ICE) officials making an appearance at their job. For those who are undocumented and those who have concerns about their immigration status, seeing those officials can be frightening.
All workers in this country have specific rights. Some of these are rights that have to do with workers’ compensation and medical care if they suffer an injury on the job. Understanding the workers’ compensation rights for undocumented employees is critical, particularly with the current immigration climate.
File a workers’ compensation claim
In most cases, your immigration status doesn’t affect your right to file a workers’ compensation claim. Even if you’re undocumented, you can still receive medical care and partial wage replacement, as long as you meet the requirements that apply to all workers for these benefits. Any information you provide is confidential, so sharing information with ICE could be construed as retaliation for you filing for workers’ compensation.
Report the injury and seek medical care
If it’s safe to report the injury immediately, you should do this at the time of the injury, and you need to get medical attention right away. There are strict deadlines that you must comply with if you can’t report the injury right away. Employers can’t use an employee’s undocumented status as the basis of a denial for worker’s compensation benefits, and they can’t threaten to report you to ICE if you file for benefits.
Seek assistance with your claim
Workers’ compensation claims can be complex, even if the employee is documented. Seeking assistance with your claim can help to ensure your rights are protected and that you have the benefits you’re due. If you’re undocumented, working with someone familiar with these matters can help you to avoid retaliation. The law is on your side, so you can’t let the fear of ICE or deportation prevent you from getting the medical care you need or the benefits you deserve.
