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Are You Entitled to Workers’ Compensation as an Immigrant?
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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.
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Outstanding Immigration Attorney – Worth Every Penny I cannot recommend Justin highly enough as an immigration attorney. My case was extremely difficult and complex, and from the very beginning, Justin demonstrated an exceptional level of knowledge, professionalism, and dedication. He took the time to fully understand every detail of my situation and explained the entire legal process clearly and honestly, which gave me confidence during a very stressful time. While…
I highly recommend this law firm! They are always honest right from the initial consultation. They don't take cases just for the money. My family member was a victim of an ICE raid in Michigan on November 17th and returned home on December 30th. It could have been faster, but everything happened during the holidays (Thanksgiving and Christmas). Maya Flores was recommended by another lawyer, and the entire team has…
I just wanted to take a moment to thank you for all your help and professionalism throughout my green card and citizenship process. Your guidance has made everything much easier to understand, and I truly appreciate how patient, thorough, and responsive you’ve been with every question I had. I’m very grateful for your support and the quality of your work. I would gladly recommend your services to anyone who needs…
My experience with Kriezelman Burton & Associates was excellent. We worked with Jennifer Peyton, for removal proceedings due to being detained by ICE. Jennifer worked diligently and was responsive. Jennifer was supportive throughout the whole process and showed compassion. With the help of Jennifer and the help of the firm, we were able to get the removal proceedings stopped and received permanent residency. I am so thankful for Kriezelman Burton…
The Best human being to have your back when you really need it!!! Mr Burton's professionalism and sharpness saved my family....!!!!!
I cannot say enough amazing things about Kriezelman Burton & Associates and Attorney Jennifer Peyton. They are truly a godsend. Jennifer worked day and night on my brother’s case, and her dedication never wavered for a single moment. She consistently communicated with my sister-in-law and me, making sure we understood every step of the process and always keeping us informed. She built an incredibly structured and solid case for my…
I recently had the privilege of working with Attorney Brittni Rivera of Kriezelman, Burton & Associates on a habeas corpus case. From the very beginning, she demonstrated exceptional knowledge, integrity, and attention to detail. She was consistently responsive—always just an email away—and made me feel supported through every step of the process. Her guidance brought clarity during a very difficult time, and I am truly grateful for her dedication and…
So many immigration firms in Chicago who do you choose? I can tell you with certainty this is the place to go for you and your loved ones. My wife came over across the border under the Biden years. Our application was sent in, in May and by November we got approved for her 485. This law firm handles many cases of all different kinds so they just know what…
My God, if I could give 10 stars, I would. My family and I are so grateful, first and foremost to God and to attorney Brittni Rivera, who helped us free my husband. He was detained by ICE in Chicago and transferred to Michigan. The process after hiring attorney Brittni Rivera took only 15 days, when I was given about a month. It was incredibly fast and effective.
Our family is sincerely grateful to attorney Nicole M. Provax from Kriezelman Burton & Associates, LLC for her professionalism, dedication, and support, as she guided us through every step with care and understanding. Thanks to her guidance, our case reached a positive outcome. We truly appreciate everything she has done for our family and highly recommend her and the firm.
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