Undocumented Workers Rights

Undocumented Workers Rights

What are undocumented workers rights? What happens when an undocumented worker is injured
on the job? Are undocumented workers entitled to workers’ compensation benefits ? Can an
injured worker be deported for filing a workers’ comp claim?

Many undocumented workers are rightfully fearful, especially given the current political climate
and recent changes to immigration policies. There’s also a lot of misinformation circulating,
perpetuated by employers, insurance companies and the workplace rumor mill. This often
prevents many immigrants from reporting their on-the-job injuries, getting medical treatment and
seeking their lawful workers’ compensation benefits.

Undocumented workers are entitled to the same legal protections as anyone else if they get hurt
on the job. So yes, you can get workers’ compensation benefits and medical treatment, even if
you are undocumented .

Still, Immigrants have many worries and questions about workers’ compensation:

● If I report a work injury, can I be deported or will they go after any undocumented
family members?

● Do I have to reveal my immigration status to the judge or others involved in my case?

● Can I trust my employer, the insurance company or the legal system to do what is
right?

● Who can I trust? How do I know the police officers, judges and other officials I’m
dealing with aren’t corrupt?

● How am I going to get the right medical care when I don’t even speak the same
language as my doctor?

● Will I ever be able to go back to work again?

There are legal protections in place regarding deportation.

At The Law Offices of James A. Welcome we take very seriously our role as your legal advocate
and ally. When it comes to justice for clients, money isn’t our only goal. We’re also concerned
with our clients’ health and overall wellbeing, and protecting all their legal rights.

Please know that as your attorney, anything you tell us is confidential. That means we will not
reveal your immigration status.

As for the other side in the case, legal ethics rules are also very clear. The defense attorney and
the insurance carrier in your workers’ compensation case ethically cannot use information
discovered in the course of the claim to report the injured worker to ICE. However, the individuals in the claim (namely employers, particularly those who are uninsured) are not bound by these same ethical rules.

Even so, we understand it can be extremely stressful and frightening to file a workers’
compensation claim if you are undocumented. But trust attorney James A. Welcome who has
plenty of experience with these types of cases and provided many good outcomes for our clients.
We also understand the cultural and language issues involved in these types of cases, that is why
our team is capabel of speaking Spanish and Portugese.

We’re Ready To Get The Results You Deserve

We will work hard to earn your trust and fight for your case. And we also keep you informed
every step of the way, through face-to-face meetings, telephone updates or whatever method you
prefer.

Many companies knowingly hire undocumented workers as a way of avoiding their legal and
moral obligation to keep their workers safe. They know many undocumented immigrants will not
pursue workers’ compensation benefits because they’re afraid of being discovered.

These companies are doing something illegal, too. It is illegal for them to hire undocumented
workers, but they do it anyway to keep their labor and safety costs down. These companies know
it’s illegal to have an unsafe workplace, but they know many undocumented workers won’t
report them.

Filing and collecting on a workers’ compensation claim can be challenging for any injured
person. It is often a lengthy legal battle. But it can be especially difficult for undocumented
immigrants. That’s why it’s important to have an attorney and legal team whose sole focus is
working on your behalf to ensure your rights are protected and you get the benefits you deserve.

Call our office today at (203) 753-7300

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