Attorneys for Undocumented Immigrants Workers Compensation & Personal Injury Claims
Injured employees who are undocumented immigrants often don't know how to file a workers' compensation claim. They may also be afraid to seek help because of their immigration status.
Without the proper documentation, it can be challenging to prove that an injury or illness occurred at work. An undocumented status could lead to frustrating bureaucratic procedures.
Our law firm of Rosenfeld Injury Lawyers, LLC specializes in workers’ comp claims for undocumented immigrants. We have years of experience dealing with the complex legal system, and our Chicago workers' compensation lawyer is here to help you get the monetary recovery you deserve.
Regardless of the political sentiment held about undocumented workers, everyone in America has the right to receive workers' compensation benefits if they have been injured on the job due to someone else’s negligence.
These rights extend to all residents, temporary residents, and undocumented employees to recover the cost of their medical care, lost wages, pain, suffering, and any other out-of-pocket expenses incurred from a car accident.
Hiring an Illinois Undocumented Immigrant Vehicle Accident Attorney Can Help
The Chicago undocumented workers accident attorneys at Rosenfeld Injury Lawyers LLC protect the rights of all and fight tirelessly to ensure that everyone is treated fairly in the eyes of the federal and state laws regardless of their national status.
Contact us for a free case review to explore your legal options.
Our personal injury attorneys currently represent clients throughout the United States, Illinois, and the Chicago area, including Cook County, DuPage County, Kane County, Lake County, Will County, Arlington Heights, Aurora, Bolingbrook, Chicago, Elgin, Joliet, La Salle, Naperville, Schaumburg, and Waukegan.
Do Green Card Holders Have Constitutional Rights?
Any permanent resident of the United States can gain a lawful job and travel to and from America without first securing a travel visa. Also, every green card holder lawfully employed is entitled to obtain a driver’s license.
The green card holder can file for injured workers’ compensation benefits through their employer when involved in an occupational, car, truck, or motorcycle accident.
What Qualifies as an Undocumented Immigrant?
In America, an undocumented person is defined as any visitor without legal immigration status for U.S. citizenship.
The laws sometimes refer to undocumented people as being out of status, unauthorized, or unlawfully present. Some people refer to undocumented immigrants using the derogatory term “illegal.”
Our law firm will ensure that the injured worker recovers workers' compensation from the employer to cater for medical care and lost wages irrespective of his immigration position.
Insurance Companies Routinely Violate Undocumented Immigrants’ Rights
Undocumented workers without U.S. legal immigration status are routinely taken advantage of by employers that know that ‘illegal’ workers are less likely to defend their rights.
Additionally, undocumented workers might fear that standing up for themselves can make them a target for authorities and political groups.
Some fear that insurance companies will use their undocumented status to deny benefits for immigrant victims who do not have a social security number. However, this practice is unethical and unlawful.
Rights to Monetary Compensation
Victims have the right to receive the monetary compensation benefits they are owed and should take legal action against insurance companies that do not follow federal law.
If you have been denied an insurance claim for this reason and the workplace accident that caused your injuries was not your fault, you should contact a lawyer right away for a free case review to protect your rights.
We can help you stand up to these insurance companies and aggressively recover the financial compensation benefits that every person living in or visiting the United States can access under federal law.
An employer employing an undocumented worker should be aware of workers' compensation laws in the state where the company is operating. Workers' compensation coverage is a compulsory requirement for all employers with workers in the state.
Undocumented Immigrants Are Protected by the Courts When Filing Claims
Employees here without legal status might choose to remain quiet because they do not want to draw attention to themselves.
However, by law, every citizen and non-citizen here legally authorized to work in the United States is protected by the court when filing legal action for compensation benefits recovery.
Local, state laws, and federal law enforcement agencies are prohibited from searching court documents for information about the legal standing of anyone filing a lawsuit.
Since this is not common knowledge, many undocumented employees owed workers' compensation benefits allow their rights to be violated in fear.
Their inaction to obtain monetary recovery needed to pay for quality healthcare, pain, suffering, lost wages, and other related expenses could be financially devastating for their families.
If you have been in an accident, your legal status will never prevent you from receiving compensation benefits for the following:
- The cost of medical treatment, including emergency care and appointments with specialists of your choosing
- Reimbursement workers’ compensation benefits for the cost of medical procedures and rehabilitative therapy
- Fair workers compensation pay victims who suffer work-related injuries that render them disabled for the rest of their lives
- The value of pain and suffering
- Lost employment and personal opportunities
- All wages lost due to the inability to legally work
While it can be difficult to prove income when you do not have legal standing in the United States, our accident lawyers can assist you in this process and help make your claim in court.
Suppose an undocumented employee is not authorized to work in the United States. In that case, the undocumented worker does not have a valid Social Security number and can not file a regular workman's compensation claim.
However, undocumented employees may still be entitled to workers' compensation claims under the US Special Immigrant Juvenile Status.
Injured undocumented workers must access workers' compensation benefits to cater for medical treatment. Schedule a free consultation with our workers' comp benefits attorney if you're afraid because of your immigration status. We will advise if you are entitled to workers' comp benefits.
Employers must carry workers' compensation insurance. If work-related injuries occur, the worker has several actions to receive workers' compensation.
The court of appeals ruled that undocumented employee is not barred from recovering workers' compensation. An injured worker can receive compensation for injuries without fear of deportation.
In most states, if an undocumented injured worker requires immediate medical care because of injuries at work, they should file a workers compensation lawsuit.
National Reform and Control Act (IRCA Implications on Undocumented Employees
The Immigration and the National Reform and Control Act (IRCA) regarding undocumented workers can be particularly challenging for employers concerning Workers' Compensation claims.
The federal law and the Reform and Control Act of 1986 give undocumented workers the right to work-related injuries. Additionally, undocumented workers have the right to permanent disability benefits if a employee cannot return to work.
Undocumented Immigrant Car Accident FAQs
Our personal injury law firm understands that many families have unanswered questions about receiving workers' compensation benefits for undocumented immigrant workers.
Because of that, a personal injury attorney has answered some questions below about an undocumented immigrant being entitled to injured workers' compensation benefits like any other injured worker.
Contact our law office at (888) 424-5757 (for additional information) or schedule a free consultation about what to do when unethical employers deny workers' compensation benefits.
Can an Illegal Immigrant Sue for Personal Injury?
According to immigration laws, an undocumented immigrant worker has the legal right to file a civil lawsuit for workers' compensation benefits when injured on the job or suffering property damage in an accident.
Additionally, the laws surrounding immigration services reveal that ‘illegal’ immigrants can file wrongful death lawsuits and personal injury claims.
In Illinois and other states, immigration reform and control have become a serious topic in recent years. However, undocumented workers who work in the united states can engage a workers' comp benefits attorney to protect their right to access workers' compensation benefits for on-the-job injuries.
Workers' compensation laws regarding an injured worker's employment status vary from state to state.
A lawyer can provide a free consultation to an injured undocumented worker. If you work in the United States, let's protect your legal rights and ascertain if you're entitled to receive workers' comp.
Can You Sue If You Are Illegal?
Every American citizen, legal resident, and an undocumented immigrant worker has the right to file a lawsuit in a court of law.
Additionally, portions of the United States Constitution protect everyone within the boundaries of America, even those without immigration papers.
Every individual in America is guaranteed the same protection regardless of their immigration status.
An injured undocumented employee, just like a legal employee, is entitled to legal rights. Therefore speaking to a workers compensation lawyer after a workplace injury is critical.
The first step the worker should take is to file a workers compensation claim. An experienced workers comp benefits lawyer will ensure this goes smoothly and efficiently.
Can a Non-US Citizen File a Lawsuit?
In recent years, non-citizens and undocumented injured workers filed civil lawsuits in federal and state courts. In some states, immigrants might face citizenship problems.
An undocumented worker not authorized to work in the united states may be entitled to workers' compensation benefits if injured on the job.
However, the individual can ask that the claim be removed from state court and transferred to federal court to be heard by a federal judge and jury.
Can Permit Residents Sue?
The United States Supreme Court upholds the Constitution providing every citizen and non-citizen the same legal right to file a civil lawsuit for personal injury.
Supreme Court Justices and attorneys refer to these rights as the Equal Protection Clause of the United States Constitution.
Let Our Experienced Undocumented Immigrants Claims Attorneys Fight on Your Behalf
The immigration attorneys at Rosenfeld Injury Lawyers LLC believe that every injured person involved in an accident deserves to be treated fairly and receive workers' compensation benefits that state law allows. We provide a free consultation to facilitate justice and protect injured workers just like you.
Our immigration lawyers represent all non-U.S. citizens, including Mexican citizens, residents with undocumented immigration status, Deferred Action for Childhood Arrivals (DACA) residents, and green card residents.
Contact our workers' compensation benefits lawyers at (888) 424-5757 (toll-free) or through the contact form. Schedule a free consultation with one of our award-winning Chicago undocumented immigrant accident attorneys to determine if you have workers’ compensation benefits.
All discussions with our workers' compensation benefits lawyers remain confidential through an attorney-client relationship.