Workers’ Comp for Undocumented Immigrants: What Does the Law Say?
Federal law requires that all employers verify that all employees are legally present in the United States. For the most part, however, injured workers file state workers’ compensation claims, which are based solely on state law. Therefore, each state differs on how much protection undocumented workers have. Under North Carolina Law, NC Gen Stat 97-2-2 provides protections for both “lawfully and unlawfully employed.”
Additionally, the North Carolina statute specifically states that both undocumented immigrants and minors qualify for workers’ compensation. There is also North Carolina case law that further protects non-resident workers. For instance, in 1999, the N.C. Court of Appeals held that “illegal aliens” could claim workers’ compensation benefits.
In other words, regardless of a worker’s immigration status, he or she IS entitled to workers’ compensation after sustaining an injury on the job.
Have you or a loved one who is undocumented suffered an injury on the job? Our experienced North Carolina workers’ comp attorneys are ready to help. For a FREE consultation with an experienced work injury lawyer handling claims on behalf of undocumented immigrants, please call (855) 652-2049.
There is no obligation, and you won’t pay a dime in attorney’s fees unless we win your case and you receive workers’ compensation benefits.
Workers’ Comp Challenges Facing Undocumented Workers
Unfortunately, some employers and defense attorneys argue that undocumented workers are not entitled to compensation because federal law prohibits hiring employees not legally allowed to work in the U.S. Essentially, this argument focuses on the notion that because undocumented residents are not allowed to work in the U.S., they should not be entitled to benefits derived from that job.
However, North Carolina case law makes it clear that recovery of workers’ compensation benefits is not dependent on federal law. In 2002, the N.C. Court ruled that federal immigration law does NOT prohibit unlawful workers from obtaining compensation from work related injuries.
Therefore, if an undocumented immigrant files a workers’ compensation claim under North Carolina state law, his or her benefits can’t be barred based on immigration status.
Workplace Retaliation & Intimidation
Unfortunately, in some cases, employers might retaliate if an injured employee attempts to file a workers’ compensation claim. Retaliation may include threatening to expose an undocumented worker to immigration officials. According to the National Employment Law Project, ICE has a policy against interfering with labor disputes.
ICE has Memorandum of Understanding with the federal labor agencies in the United States. Generally, ICE’s policy under this provision is to not intervene with work-related disputes such as those involving workers’ compensation. Unfortunately, however, recent events demonstrate that ICE does not always follow protocol, which is why it is important to consult an experienced workers’ compensation attorney.
Employers may attempt to intimidate an injured undocumented employee into not filing a workers’ compensation claim. Additionally, employers may threaten to expose illegal workers to immigration officials.
At Riddle & Riddle Injury Lawyers, our work injury attorneys recognize the valid concerns that many undocumented immigrants face when deciding whether to file a workers’ compensation claim. Our firm has experience working with noncitizens and understands how daunting the threat of deportation can be.
However, we have extensive experience working with undocumented clients and know how to handle the workers’ compensation process. In one recent case, attorney Gene Riddle secured $2.475 million in total compensation for an undocumented worker who was seriously injured in a fall from a platform while on the job (see disclaimer below). Attorney Alex Riddle also has extensive experience working in an immigration law clinic.
We are committed to justice for all North Carolina workers, and that means undocumented immigrants, too.
Alex Riddle, attorney, Riddle & Riddle
What is Workers’ Compensation in North Carolina?
North Carolina law requires all employers with three or more employees to carry workers’ compensation insurance. If you or an undocumented family member were injured on the job, you could be entitled to workers’ comp benefits.
Time is of the essence for worker’s compensation claims. Under North Carolina law, employees have 30 days after the injury to report the incident to their employer. From the date of the accident, employees have 2 years to file a workers’ compensation claim.
If you are afraid that your employer will use your immigration status against you, contact our firm today at (855) 652-2049.
We can help you formally notify your employer and protect your legal rights. After your accident, it is important to seek medical care. We can help refer you to a trusted medical provider. Generally, hospitals and other medical care facilities are considered “sensitive locations,” which means that immigration authorities generally cannot raid these facilities.
At Riddle & Riddle Injury Lawyers, we believe that ALL North Carolina workers, regardless of legal status, deserve justice and we would love to fight for your right to compensation if we can.
They turned a heartbreaking situation completely around.
Tonya Taylor, Riddle & Riddle client
Our team of dedicated workers’ comp attorneys are ready to help you or an undocumented loved one obtain the workers’ compensation you deserve. We have many Spanish-speaking employees on staff, as well, and would love to help however we can.
Please call (855) 652-2049 today for a FREE, no-obligation consultation with a workers’ compensation lawyer serving undocumented workers in North Carolina.
We believe Justice Counts™ for all North Carolina workers, and we’re ready to help. We’ll review your case, advise you on your legal options, and if you decide to hire us, we’ll fight tirelessly for your right to compensation.
Contact a Personal Injury Lawyer from Riddle & Riddle Injury Lawyers for Help Today
For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
