Are You Entitled to Workers’ Compensation as an Immigrant?
Looking for A Specific Post? Search Below
Workers’ compensation, in most states, is not limited to just U.S. citizens, which is an important consideration for U.S. employers to make. It is also something for migrant workers to think about, as just because he or she is not legally authorized to work in the U.S. does not mean that he or she is not entitled to benefits for injuries accrued while rendering services.
If you are in the U.S. on immigrant status, whether legally or illegally, and if you are hurt on the job, you may be entitled to workers’ compensation benefits. Reach out to the Chicago immigration lawyers at Kriezelman Burton & Associates, LLC, to learn more about your rights and how you can pursue benefits for your injuries without risking your place in the United States.
Employers Cannot Knowingly Hire an Illegal Immigrant
First and foremost, it is important to note that, in accordance with the Immigration Reform and Control Act, or IRCA, it is illegal for employers to knowingly hire someone who is not allowed to legally work in the U.S. Many employers intentionally violate this law to obtain cheap labor and avoid taxes, while many more unintentionally violate the law when hiring employees whose I-9s seem legitimate. In either case, the employer may be held liable for either failing to adhere to the law and/or failing to validate an employee’s citizenship status. Once a person’s immigration status is discovered, which it typically is once the workers’ compensation claims process is started, he or she is fired. However, termination of employment does not necessarily lead to termination of benefits.
Alien Workers Considered the Same as Fully Documented Workers
In several states, Chicago included, the courts have ruled that workers’ compensation cannot be denied solely because a person is an undocumented worker. This precedent was set in Zendejas v. J & J Bros. Constr., 05 IL.W.C. 03276, 09 I.W.C.C. 06500 (June 26, 2009). In order to establish this, the court referred to Section 1(b)2 of the Workers’ Compensation Act, which defines an employee as a person “in the service of another under any contract of hire, express or implied, oral or written,… including aliens….”
Thanks to a few other precedent-setting cases, injured immigrants are entitled to temporary total disability, medical, and permanency benefits. They are not, however, entitled to death benefits for family members.
What to Do if You Are Injured on the Job
If you are an immigrant and an employee of the U.S., and if you were injured on the job, you are not without options. A job injury may leave you disabled, unable to work for long periods of time, and with extensive medical needs. Each of these hardships can result in financial turmoil. Workers’ compensation can help you pay for your medical expenses as well as compensate you for your time off of work.
Talk to the Chicago immigration lawyers at Kriezelman Burton & Associates, LLC, to discuss your options at compensation. Your workers’ compensation claim is a bit more complex than the average case, as you risk deportation and other consequences for filing. However, with the right attorney on your side, you can earn continued residency in the U.S. and compensation for your injuries. Call our office to discuss your case today.
Lo que dicen nuestras clientas
Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
¡Programe una consulta!
Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy