Workers' Comp for Undocumented Workers: You Have Rights

If you were injured at work and you are undocumented, you still have rights. In the vast majority of states, workers' compensation laws protect ALL workers regardless of immigration status. Your employer cannot deny your claim simply because you are undocumented, and filing a workers' comp claim does not report you to immigration authorities.

Are Undocumented Workers Covered by Workers' Comp?

Yes — in nearly all states, workers' comp coverage applies to any worker, regardless of immigration status or whether they used false documents to obtain employment. The Supreme Court and state courts have consistently held that undocumented workers are entitled to workers' comp benefits. A few states have narrow exceptions, but these are rare. Consult an attorney about your specific state's rules.

What Benefits Are Available?

Undocumented workers are entitled to the same benefits as documented workers: full medical treatment coverage, temporary disability wage replacement (based on your actual earnings), permanent disability benefits, and vocational rehabilitation. The only area where some states treat undocumented workers differently is "wage-earning capacity" in permanent disability calculations — an attorney can maximize your benefits in this area.

Will Filing a Claim Lead to Immigration Consequences?

Workers' comp systems are administered by state labor agencies, not immigration enforcement. Filing a workers' comp claim does not report your status to ICE or CBP. Workers' comp proceedings are civil, not criminal. However, if your employer retaliates by threatening to report you to immigration authorities, this is illegal and constitutes both workers' comp retaliation and potentially extortion. Document any such threats and contact an attorney immediately.

Employer Retaliation Against Undocumented Workers

Unscrupulous employers sometimes threaten undocumented workers with deportation to discourage them from filing legitimate workers' comp claims. This is illegal. Every state has anti-retaliation protections for workers who exercise their workers' comp rights, and these protections apply regardless of immigration status. An attorney can protect you from employer retaliation.

Finding an Attorney Who Handles These Cases

Many workers' comp attorneys regularly represent undocumented workers and are experienced in protecting their clients' privacy throughout the process. Attorney-client communications are confidential. Find an attorney who speaks your language if possible and who has specific experience with undocumented worker claims. Most workers' comp attorneys work on contingency — no upfront cost to you.