Please note that although this article speaks about employment rights as an undocumented worker, due to the current administration you should always consult with a legal aid organization or a private attorney BEFORE taking any action in your case.
One of the main reasons that many undocumented workers don’t file for workers' compensation is the fear of getting deported. However, undocumented workers are generally protected in lawsuits from the discovery of their citizenship status.
Additionally, courts may grant a protective order against discovering that information. Texas Workers’ Compensation Act is a state law under the DOL, and any employer who does not provide workers’ comp coverage leaves themselves vulnerable to lawsuits from employees regardless of their citizenship.
Basics of Workers Comp Coverage
Workers comp is a program that covers injuries that occur while on the job and includes any loss of wages, medical bills, etc. This workplace injury is covered by the insurance coverage held by your employer, and you don’t need insurance to have coverage.
How Employers Can Offer Fewer Benefits to Non-Citizens
Although under federal law it is illegal to hire non-citizens, and there are steep fines if employers are found to have hired illegal immigrants, it still happens. It’s important to know that your immigration status doesn’t prevent you, as an injured worker, from compensation after a workplace injury.
You may also be eligible for a handful of benefits that are deemed necessary to protect life and safety in dire situations. However negligent employers who hire undocumented workers aim to not have to provide benefits to them. A workers’ comp attorney can help you and your family understand your rights, and seek compensation.
How Does Citizenship Affect Your Medical Care
Immigrants play a significant role in the nation’s workforce, especially in agriculture and construction, and immigrants face serious challenges where medical care is concerned. Obtaining citizenship has a huge impact on your medical care not just in accessibility but also affordability. Having accessible insurance coverage means that you won’t be delayed when it comes to your health care, so injuries and illnesses don’t get worse over time. Immigrants already face barriers such as linguistic and cultural barriers, uninsured rates, and immigration-related fears and all of these have negative implications for health and financial security.
What To Do After a Work Injury?
The most important thing to do is to know your rights. If you are injured at work know that no matter your citizenship you have rights.
- Know your rights
- Seek medical attention
- Document the accident
- Work with an experienced attorney
- File your worker’s compensation claim
- Negotiate with the insurance company
- Explore further options if your employer is being unreasonableÂ
It’s important to note that there are many factors such as IRS wage reports, SS numbers, and such that create more fear among undocumented workers from stepping up when injured on the job. Having an experienced attorney will give you the best representation for your case.
They will be able to help you navigate the laws around your citizenship status, your case, and anything else that may be considered a barrier. You will be able to focus on recovery and compensation with a skilled attorney by your side.
The Importance of Proper Documentation of Your Injuries
Documenting your injuries will keep your employer honest. Employers that hire undocumented workers are trying not to provide all of the extra benefits that citizens have and deny your claim to compensation. Employers that will deny your injuries happened on the job should be held accountable. Regardless of your immigration status. Documenting your injuries with photos, videos, and witness testimony the day of will help your attorney prove your case. Don’t forget to include evidence of where and how it happened, so not just pictures of the injury itself but also where and how.
Do You Need an Immigration Attorney?
If you sue for injuries in a workplace as an undocumented worker you are protected from ICE by the DOL. The law prohibits agencies from deporting an undocumented worker because they have initiated a claim. It’s considered interference with the course of civil justice. Immigration agencies will usually allow courts to determine the lawsuit before taking legal action.
This is determined by the worker in question and certain circumstances create exceptions to this ruling. Also working with an attorney can help guide you on your path as your lawsuit progresses and should be able to recommend other courses of action about your case.
Call Falcon Law Group Today
Hard-working Texans put in hours of labor into our great state’s economy and accidents can happen anywhere and to anyone. It’s important that you know your Texas employment rights, and if you’re unaware of them you have an attorney who will help you to understand them.
If you or a loved one has suffered an injury in a workplace accident it’s vital to get in touch with experienced personal injury lawyers like at the Falcon Law Group. Contact us to initiate the process where you are treated with the care and respect you deserve- because with us “Somos Familia.”
