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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Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
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…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
Huge thanks to Attorney Matthew for his incredible support on our immigration case! 🙏 He was professional, responsive, and his expertise led to a successful outcome. We truly appreciate his hard work and highly recommend his service.
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.
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