Can Undocumented Immigrants Receive Workers’ Compensation Benefits?

Rights and Benefits of Undocumented Workers

Many employees and their employers assume that undocumented workers lack legal rights after a workplace injury. This is far from the truth – an employee does not need to have legal immigration status to bring a claim for workers’ compensation in Texas. Although federal law makes it illegal to knowingly hire an undocumented worker, citizenship status cannot keep an injured employee from being protected under Texas law. Texas law specifically provides workers’ compensation coverage for undocumented immigrants who are hurt on the job.

Immigration Reform and Control Act (IRCA)

The Immigration Reform and Control act (IRCA) is the federal law that outlaws hiring undocumented immigrants by imposing hefty penalties (up to $10,000) on employers who knowingly hire undocumented workers. Many times, when an individual is injured on the job, employers try to use the IRCA to deny workers’ compensation benefits. Employers argue that since the employee was not authorized to work in the United States to begin with, he or she is not a legal employee and therefore ineligible for workers’ compensation benefits.

Worker’s Comp Benefits for All

The Texas Workers’ Compensation Act provides income and medical benefits for employees who suffer work related injuries or illness. The Act covers documented and undocumented workers alike. Undocumented employees are usually protected in lawsuits from discovery of their immigration or citizenship status. That means employees seeking benefits do not have to worry that their employer will be allowed to use their citizenship status as part of the defense to the jury or judge (assuming the legality of citizenship has nothing to do with the injury or the case). A court may even grant a protective order against discovery of citizenship information if such information would hurt the undocumented worker, for example by focusing the matter on citizenship status rather than employment rights, and thereby preventing recovery.

Undocumented Workers Can Sue for Injuries in Court

The court’s decision in Supply, Inc. v. Cabello, 2012 Tex. App. LEXIS 10681 (Tex. App.—Dallas Dec. 21, 2012) is also very important for undocumented immigrants who are injured at work, as it holds that undocumented workers also have the common law right to pursue negligence claims in court against any Texas employer that does not subscribe to workers’ compensation coverage. That means that if an employee is injured but the employer does not have workers’ compensation coverage, the injured person can sue in court, even if they are undocumented. Texas case law allows undocumented workers to not only sue for lost wages, but for future lost wages as well.

We Can Help If You’re an Undocumented Worker

Texas is one of the few states that allows undocumented workers these rights, and the Texas Court of Appeals has even upheld a damage award for an undocumented worker for future lost wages. If you have been injured in a workplace accident and, contact the Law Offices of Ronald A. Ramos, P.C. today to find out how we can help.

Texas Workers’ Compensation Protections for All Workers

Texas law does not require proof of citizenship or legal immigration status to file a workers’ compensation claim. The Texas Workers’ Compensation Act applies to all employees regardless of their documentation status. This means that if you are injured on the job, you have the same right to medical treatment and income benefits as any other worker in the state.

Employers who participate in the Texas workers’ compensation system cannot deny your claim based on your immigration status. If your employer attempts to use your status against you or threatens to report you for filing a legitimate workplace injury claim, that behavior may violate state and federal law.

Filing a Claim Without Fear of Retaliation

Many undocumented workers in San Antonio hesitate to seek medical attention or report workplace injuries because they fear being fired or reported to immigration authorities. It is important to understand that employers cannot legally retaliate against you for filing a workers’ comp claim or reporting unsafe working conditions. Texas law protects injured workers from termination or other adverse actions taken because they exercised their legal rights.

If you were hurt at work and your employer does not carry workers’ compensation insurance, you may have even stronger legal options. Non-subscriber employers lose many legal defenses when sued by injured workers, which can make it easier to recover full compensation through a personal injury lawsuit.

How a San Antonio Work Injury Attorney Can Help

An experienced San Antonio attorney who handles workplace injury claims for undocumented workers understands the unique challenges you face. Our firm can communicate with you in Spanish, protect your privacy throughout the legal process, and fight to get you the medical treatment and compensation you deserve. We handle these cases on a contingency fee basis, so you pay nothing unless we recover money for you.