Mar 16, 2022

Workers’ Compensation Claims for Undocumented Workers

Workers’ compensation is an insurance system that is designed to provide necessary benefits to a worker who was injured while performing a job-related duty. The type of worker is essentially a nonissue in many cases. All workers who are covered by a workers’ compensation policy deserve to get its benefits, whether they are full-time, part-time, seasonal, new hires, or even undocumented workers.

Although it is not well known, undocumented workers are eligible for workers’ compensation just like anyone else under the policy. Entering the country unlawfully or obtaining employment through illicit channels does not invalidate a worker’s right to workers’ comp. It is as simple as that, no matter what an insurance company or employer tries to argue otherwise.

Workers retain the right to workers’ compensation, even if they:

• Live in the country unlawfully
• Do not have a Social Security number
• Use a different name than their legal or given name
• Lied on an employment application

It is worth repeating: undocumented workers are eligible for workers’ compensation benefits if they qualify for coverage under their employer’s policy. An employer or insurer also cannot rescind that coverage if it is later revealed that the worker is undocumented or working unlawfully. The employer could terminate the worker, but it cannot take away workers’ compensation benefits and expect that worker to continue with their job duties.

Proudly Standing Up for People of All Backgrounds

Hansford McDaniel – Workers’ Compensation Attorneys in Atlanta, Georgia, is proud to be a law firm that respects and represents people from all walks of life. We know that many people in the greater Atlanta metropolitan area are trying to make a living as undocumented workers. We do not pass any judgment on such people. Rather, we welcome them into our community and hope that they are able to build the life that they are working toward.

With that said, whether you are an undocumented immigrant from Mexico, Cuba, China, India, the Philippines, Canada, or anywhere else in the world, we want to help you understand and utilize your legal options if you were hurt while working in Atlanta. (Services are available in Spanish, Bosnian, Croatian, English, and Serbian.) Initial consultations with our firm are free and confidential. Attorney-client privilege means that we will not make any reports to the authorities if we are contacted by a potential client who is undocumented or working unlawfully. Above all else, we just want to help you get the workers’ compensation benefits you need and deserve.

For more information, please call us at 770-922-3660 today.