What Happens When An Undocumented Worker Is Injured On The Job?
In today’s society, the questions surrounding the rights and freedoms of the undocumented immigrant are louder and stronger than ever before, and part of this fight for rights is that of the undocumented workers injured on the job.
You defy all odds and take many risks and chances bringing your family to the land of opportunity to work and make a better life. The work is hard and in most cases very dangerous, but it’s worth it. But then the unthinkable happens you are injured on the job, and you can’t work. You feel stuck, you are an undocumented worker, and your employer knowingly or unknowingly could get into trouble for hiring you. You are in a situation that could get you deported putting you and your family in harm’s way if you go back. However many workers, even undocumented workers, are entitled to workers’ compensation for injuries suffered on the job.
Undocumented Worker’s Rights To Workers Compensation Benefits
Tracking an accurate number of injuries and illness in the workplace among undocumented workers is not possible, however, according to NELP or National Employment Law Project the most recent statistics show that 934 immigrant workers were killed on the job in 2015.
The U.S. Supreme Court has never visited the subject of Undocumented workers rights to compensation when injured on the job. Therefore, the decisions are left to each state’s discretion of their state laws. Almost all states include undocumented workers in their statutes regarding workers compensation benefits. At this time, only one state denies undocumented workers the right to these benefits, which is Wyoming. So, if you are in any state other than Wyoming you can file for Workers Compensation Benefits if you are injured during your employment.
What Should An Undocumented Worker Do When Injured At Work?
If you are undocumented and injured on the job, there are several avenues you can turn to for help with your case. Several advocacy groups have fought for the right of the injured undocumented worker such as ACLU or American Civil Liberties Union. You will also want to seek the help of legal professionals who are well versed in immigration laws and work related injuries.
According to the ACLU, in the wake of some court decisions by the IACHR, The Inter-American Commission made several recommendations to address those violations of undocumented workers including:
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prohibiting employer inquiries into the immigration status of a worker asserting his or her employment and labor rights in litigation or administrative complaints.
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ensuring that undocumented workers are granted the same rights and remedies for violations of their rights in the workplace as documented workers.
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establishing a procedure whereby undocumented workers involved in workers’ compensation proceedings, or their representatives, may request the suspension of their deportations until the resolution of the proceedings and the workers have received the appropriate medical treatment ordered by the presiding courts.
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improving and enhancing the detection of employers who violate labor rights and exploit undocumented workers and impose adequate sanctions against them.
Do not think that because you are not documented that you have no rights, you are a human being and you do have the right to life, liberty, and the pursuit of happiness. Even, if you are and an injured undocumented migrant worker you do not have to suffer in silence there is a help for you if you will reach out.
Author Bio:
Kevin R. Marciano, Esquire, is the Managing Partner of Marciano & MacAvoy, P.C. Marciano focuses his practice on representing catastrophic injury victims, including claims for medical malpractice, pharmaceutical liability, motor vehicle accidents, wrongful death, product liability, premises liability, construction accidents, liquor liability, personal injury and mass tort class actions.
