Can An Undocumented Employee File A Workers’ Compensation Claim In Illinois?

Any worker, including noncitizens such as undocumented immigrants, can suffer work-related injuries or illnesses. If you are an employee who got work in Illinois through backdoor means or using false documents and have suffered a work-related injury or disease, you may be wondering if you qualify for workers’ compensation benefits like any other U.S. citizen. Many undocumented workers avoid filing a workers’ compensation because they fear their immigration status bars them from recovering workers’ compensation benefits. If you suffered a work-related injury or illness and are undocumented, it is vital that you hire a qualified workers’ compensation attorney who is familiar with these complex issues.

Can an Undocumented Worker File a Workers’ Compensation Claim?

According to the Illinois Workers’ Compensation Act, most workers in the state have the right to seek workers’ compensation benefits if they suffer work-related injuries or illnesses. Workers’ compensation benefits include temporary disability benefits, permanent disability benefits, and medical benefits. But does the Illinois Workers’ Compensation Act cover undocumented immigrants?

Under the Illinois Workers’ Compensation Act, even noncitizens have the right to seek workers’ compensation benefits after suffering a work-related injury or illness. Apart from it being reflected in the Illinois Workers’ Compensation Act that noncitizens are eligible to recover benefits, court decisions made by the Illinois Workers’ Compensation Commission have also shown that undocumented immigrants have an equal footing with citizens and other fully-documented workers when it comes to workers’ compensation. So, if you suffered a work-related injury or illness in Illinois and are an undocumented immigrant, you may be eligible to file a workers’ compensation claim and recover benefits.

Protecting Your Right to Compensation

If you suffered a work-related injury or illness and are an undocumented person, it is crucial that you hire a skilled workers’ compensation attorney. Even if you are eligible to file a workers’ compensation claim as an undocumented immigrant, the truth is that you may still run into obstacles with your employer or their insurance company. Your employer or their insurance company may try to deny your claim. Your employer may also try to retaliate against you for making a claim. For example, your employer may threaten to report you to ICE. A skilled attorney can work passionately for your rights and help you recover benefits to cover, among other things, lost wages, medical bills, and permanent disability.

Contact a Chicago Workers’ Compensation Lawyer

If you’ve suffered a worker-related injury or illness and need help with your workers’ compensation claim, contact our skilled and dedicated Chicago workers’ compensation lawyer at Connolly Injury Law.

Source:

ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68#:~:text=Every%20person%20in%20the%20service%20of%20another,and%20give%20quittances%20therefor%2C%20as%20adult%20employees