Can Undocumented Immigrants Get Workers’ Compensation?

Workers’ compensation provides benefits to employees who suffer occupational injuries. These benefits can cover medical care, lost wages, and more, depending on the injury. Most U.S. workers qualify for these benefits, including those without legal immigration status. 

Request a Legal Case Evaluation

Undocumented workers’ rights are essential in places like Las Vegas, where many people in construction, hospitality, and other industries are undocumented. These workers provide vital contributions to the economy, so ensuring they have access to benefits helps both the workers and the community.

Eligibility for Workers’ Compensation as an Undocumented Immigrant

Undocumented workers are eligible for workers’ compensation benefits in Nevada. State law considers any person working for an employer as an employee, regardless of immigration status. This means undocumented immigrants who suffer work-related injuries can receive benefits, including medical and disability payments. Nevada’s law is clear on this issue, but not all states follow the same approach.

Other states have different approaches to handling workers’ compensation for undocumented workers. Some states provide full access to benefits, similar to Nevada, while others impose restrictions on certain types of benefits, such as wage-loss compensation or vocational rehabilitation. These variations can affect the ability of undocumented workers to receive full support if they get hurt on the job.

FAQs Addressing Concerns of Undocumented Immigrants Regarding Workers’ Compensation

If you or someone you know is an undocumented worker in Nevada, you likely have questions about your rights. The following FAQs provide straightforward answers to common concerns that undocumented workers have about filing workers’ compensation claims.

Will Filing a Claim Affect My Immigration Status or Lead to Deportation?

No, filing a workers’ compensation claim should not affect your immigration status or lead to deportation. Workers’ compensation laws in Nevada protect all employees, including those who are undocumented. The purpose of filing a claim is to secure benefits for your work-related injury. Nevada law does not require workers’ compensation insurers to report immigration status to immigration authorities. The focus of the claim process is on your injury, not your immigration status. Although it’s normal to feel worried, many undocumented workers file claims and receive benefits without issues.

Can I Be Fired for Claiming Workers’ Compensation?

No, your employer cannot legally fire you for filing a workers’ compensation claim. Retaliation, such as firing or punishing an employee for exercising their legal rights, is against Nevada law. This applies to all workers, regardless of immigration status. If you suffer an injury while working, you have the right to file a claim without fear of losing your job because of it. However, remember that while you are protected from retaliation when filing a claim, an employer might still end your employment for other unrelated reasons. If you suspect that your employer fired you because of your workers’ compensation claim, you should seek legal advice to learn more about protecting your rights.

Do I Need a Social Security Number to Apply for Workers’ Comp?

You do not need a Social Security number to file a workers’ compensation claim in Nevada. While some claim forms might ask for a Social Security number, not having one shouldn’t prevent you from receiving benefits. In Nevada, workers’ compensation laws cover all workers, including those without legal immigration status. When filling out your claim forms, you can explain your situation to your employer or workers’ compensation insurance provider. If they require additional identification, you can use other documents like your individual taxpayer identification number (ITIN) or another personal record to verify your identity.

How Can I Prove Employment if Paid in Cash or Without Formal Records?

If your employer pays you in cash or you work without formal records, proving your employment is challenging but still possible. You can gather different types of evidence to show that you worked for an employer. This evidence might include pay stubs (if you received any), receipts for cash payments, communication with your employer (such as texts or emails), or testimony from coworkers or other witnesses. Even if your employer does not keep detailed records of your work, you still have a right to workers’ compensation benefits as an employee. Documenting your work hours and any tasks you performed can also support your claim. Nevada law does not require you to have formal proof of employment to receive benefits.

Resources and Support Systems Available for Undocumented Workers

Undocumented workers in Nevada have access to various resources and support systems to help them with workers’ compensation claims, such as:

• Arriba Las Vegas Workers Center: The Arriba Las Vegas Workers Center supports immigrant workers by offering advocacy, education, and legal aid for workplace issues, including workers’ compensation claims. They work directly with undocumented workers to explain their rights and help them access necessary benefits. 
• Make the Road Nevada: Make the Road Nevada focuses on empowering immigrant and working-class communities. They offer legal assistance, including support with workers’ compensation claims, and work to protect immigrant workers’ rights. They also offer various services like health and safety education in the workplace.

• The Mexican Consulate in Las Vegas: The Mexican Consulate provides services to Mexican nationals, including help with workers’ compensation claims, translation services, and referrals to local legal resources. They can help undocumented Mexican workers access the legal assistance they need. 

What Compensation Benefits Can Undocumented Workers Get?

Undocumented workers in Nevada can receive several types of workers’ compensation benefits if they get injured on the job. These benefits include medical treatment for the injury, temporary disability payments if they cannot work while recovering, and permanent disability payments if the injury leads to long-term limitations. Additionally, undocumented workers can get mileage reimbursement for travel related to medical treatment. If a worker dies from a work-related injury, their dependents can receive death benefits. However, undocumented workers are not eligible for vocational rehabilitation, as federal law prohibits their employment in the United States.

Contact Our Immigration Attorneys Today

If you are an undocumented worker who got injured on the job in Las Vegas, you could be entitled to workers’ comp benefits. Contact De Castroverde Law Group Criminal & Immigration today for a free initial consultation. Our team can explain your rights and guide you through the process of filing a claim.