If I am an Undocumented Immigrant, Can I Use Workers Compensation?

 Posted on July 08, 2022 in Workplace Injury

Since 2018, Colorado has specifically extended Worker’s Compensation protection to undocumented workers. While it may be illegal for a U.S, company to employ undocumented immigrants, if they do, and one gets hurt, the injured worker is just as entitled to receive Workers’ Compensation as a U.S. citizen. If being undocumented is holding you back from pursuing compensation after a workplace injury, it should not. While seeking Workers’ Compensation may be intimidating for undocumented individuals, you should know that you have rights. Our law firm has handled workplace injury claims for undocumented workers before, with great success. If you were injured at work, we may be able to help you receive the compensation you deserve. 

How Can I be Sure That I am Eligible to Receive Workers’ Compensation?

Look no further than Colorado Revised Statue section 8-40-202. The law in this state explicitly states that for the purposes of Workers’ Compensation eligibility, the term “employee” includes foreign nationals. There is no distinction between those who are lawfully present in the country and permitted to work and those who entered the country unlawfully and are not legally eligible for employment. Therefore, all that matter is that you are, in fact, an employee working for and being paid by an employer. 

Can My Employer Argue That I Should Not Recover Certain Damages Based on My Undocumented Status?

Absolutely not. Employers in Colorado have unsuccessfully tried to deny compensation for lost wages or disability because they cannot legally work in the first place. If you were injured while working, you are losing wages and future earnings because of your injuries, not because you technically are not eligible to work. Colorado state courts have routinely shot down arguments that lost wages should not be paid to undocumented workers. 

These rulings and laws protect everyone from undocumented workers to legal workers. With these laws in place, employers cannot purposely hire undocumented immigrants for dangerous jobs just so they will not have to pay a claim when someone gets hurt. If an employer chooses to break the law by hiring undocumented immigrants, they cannot escape liability based on their employee’s immigration status. 

Our Case Results for Undocumented Immigrants

Our law firm pursued a case on behalf of an undocumented immigrant who became paralyzed when a heavy metal bar fell on him at work. We aggressively pursued his case and were able to recover enough funds for him to purchase an accessible home, and a new accessible vehicle every few years in addition to all ongoing care expenses. His family receives roughly $11,000 per month. Because our client was undocumented, we created a trust for him to legitimize the funds. We continue managing the injured worker’s finances to this day. 

Get Help From a Larimer County Workers’ Compensation Lawyer 

If you are an undocumented immigrant who was injured at work, Hoggatt Law Office, P.C. may be able to recover compensation on your behalf. Our skilled Fort Collins Workers’ Compensation attorneys will fight for you to receive the funds you need regardless of your immigration status. Call us at 970-225-2190 for a free consultation. 

Source:

https://www.lawweekcolorado.com/article/colorado-workers-compensation-benefits-for-undocumented-workers/