Can Undocumented Immigrants Get Workers’ Compensation?

Attorneys Fighting For The Rights Of Injured Undocumented Immigrants

Suffering a work-related injury is challenging for any employee. For those living in the U.S. without proper documentation, it can be terrifying. You might worry about your job, your health and your status in the country. The workers’ compensation attorneys at Midwest Disability, LLC., understand these fears and want to help you. We will be your advocates throughout the workers’ compensation process, fighting for the relief and assistance you deserve during this difficult time.

Legal Status And Workers’ Rights

In the U.S., all workers have labor rights, regardless of their immigration status. This includes the right to a safe workplace and fair pay. 

Workers’ compensation rights in Minnesota extend to all employees, regardless of immigration status. The law protects you from workplace injuries, even if you’re not a U.S. citizen. In other words, workers’ compensation benefits depend on your status as an employed worker, not an American citizen.

Helping Undocumented Workers Overcome Workers’ Compensation Challenges

Immigrants may experience unique barriers to accessing workers’ compensation benefits. Some of the common challenges people in this situation have include:

• The fear of deportation
• Concerns about employer retaliation
• Language barriers
• Lack of access to qualified support
• Unfamiliarity with the state and federal legal systems

These fears and obstacles prevent some workers from pursuing the valuable benefits they have a right to, but our compassionate and experienced attorneys are here to help. We will explain the legal process, communicate with insurers and employers and assist with building a strong claim for workers’ compensation benefits.

Are You Eligible For Workers’ Compensation As A Noncitizen?

Again, in Minnesota, your immigration status does not bar you from being eligible for workers’ compensation benefits. However, you must meet other eligibility requirements, including the following:

• You must be an employee as opposed to an independent contractor.
• Your occupational disease or injury must occur on the job or in the course of employment and prevent you from working.
• You must notify your employer right away about your injury.
• You must cooperate with the investigation and treatment plans.

Meeting these criteria can open the door to the benefits you need.

Laws And Resources For Immigrant Workers In Minnesota

Minnesota’s laws are particularly supportive of injured workers, regardless of their immigration status. Organizations like the Minnesota Department of Labor and Industry provide support and advocacy for workers’ rights.

However, while federal and some state laws protect all workers, regardless of status, other states offer far fewer protections for undocumented workers and noncitizens. For example, anti-sanctuary states, like Iowa, Florida and Alabama, devote considerable resources to deportation efforts, stripping workers in these communities of their sense of safety.

Find Strength In Our Supportive Team

We help undocumented immigrants in Minnesota seek the workers’ compensation benefits they deserve. We don’t charge any fees until we win your case. Call 888-351-0427 or send us a message today.