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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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I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
The attorney is an excellent person and very professional. I am very grateful to the entire team—they are attentive to everything, and I consider her the best in all of the U.S. Thank you once again for everything.
Mr. Burton helped my mother with her case. He was always polite, clear, and always answered my questions in a professional and diligent manner. Our case ran smoothly, and we never ran into any issues. I also want to greatly thank the paralegal that also managed my case, Stephanie Nunez, she was always willing and very helpful with my mother, a genuinely good person. I will forever recommend Justin and…
I would like to express my deepest gratitude to Mr. Justin Burton! He is an outstanding specialist in his field and an attorney who quite literally changed our family’s life. Mr. Burton demonstrated a highly professional approach and exceptional dedication to our case. He stands out for his extensive knowledge of immigration law and, beyond that, is a person of great integrity. I can wholeheartedly recommend Mr. Justin Burton and…
I would like to start this review with a big thank you for the immigration lawyer, Nicole Provax, who has done a successful and amazing work on my dad’s case! She was dedicated in walking us through the whole process, keeping excellent communication with us, and despite the little hurdles that came up along the way, she was able to get the case to continue progressing! I’m forever grateful of…
I had the pleasure of having Brittni Rivera as our attorney working on our immigration green card process for my Husband and I .... from beginning to the end.. the best most professional guidance you could ask for. I highly recommend her ... and Donald Rogers too.. thanks again for all your help.
We had the pleasure of having Justin Burton on my parents case. From the moment we reached out, his staff was incredibly welcoming and took the time to really listen to our concerns. We never felt rushed or like just another case, Justin made sure we understood every step of the process and answered all our questions with patience and clarity. What really impressed us was how Justin and staff…
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