Are Undocumented Workers Eligible for Workers’ Comp in IL?

As an undocumented worker, you likely have many anxieties in your daily life. However, when you sustain an injury on the job, you may not know how to proceed. Though you need the funds to help cover the cost of medical care and lost wages, you may not know if you can file a claim or how it will impact your immigration status. If this reflects your circumstances, it’s important to connect with an Illinois workers’ compensation attorney to help you explore your legal options and explain your rights in this matter. Additionally, the following blog can help you learn some of the basics about this process for undocumented workers.

Can Undocumented Employees Receive Workers’ Comp?

In the event that you are injured on the job as an undocumented individual in Illinois, you may assume that you cannot file for workers’ compensation. However, Illinois law extends this right to all employees regardless of their immigration status.

If undocumented workers were prohibited from receiving workers’ compensation, employers would be much more likely to refuse to enact safety mandates and ensure employees work in a safe and healthy environment. If this were the case, employers could simply fire all of their domestic workers and hire undocumented individuals to work in abhorrent conditions. As such, ensuring these individuals can recover compensation not only holds employers to higher standards but also ensures that anyone injured while doing labor can receive help.

As such, if you are injured, you should seek medical care and inform your employer within 45 days of the accident. If you fail to report the accident in a timely manner, you can be barred from collecting compensation for your injuries, regardless of your immigration status.

Can My Employer Retaliate Against Me?

If you are worried about facing retaliation from your employer for pursuing a workers’ compensation claim, it’s important to understand that you have a number of protections in this matter. The laws regarding workers’ comp protect injured employees from retaliation, including demotions or termination, for pursuing a claim. Unfortunately, some employers may try to deter their employees from filing claims, as it could increase the cost of insurance. They may also retaliate against employees who file as a way of preventing others from doing so.

However, this protection extends to undocumented workers. As such, if your employer has made threats against you or in regards to your immigration status, you should immediately contact an experienced workers’ compensation attorney to help you right for your rights.

As an injured undocumented worker, it can be scary when you have to file a workers’ compensation claim. However, by working with the team at the Law Firm of Kevin A. Moore, you can rest assured that we will fight for your rights during these overwhelming and difficult times. Contact us today to learn how we can represent you during these anxiety-inducing times.