Roughly one out of eight people in the US is an immigrant, and roughly one-third of those immigrants are undocumented, meaning undocumented immigrants make up a large portion of the workforce in the United States and here in Minnesota. Oftentimes they fill dangerous or very physically demanding roles, which not surprisingly can lead to injuries. But are these immigrants eligible for workers’ compensation benefits? We explain their eligibility and the process of collecting injury compensation if you are an undocumented immigrant in Minnesota in today’s blog.
Can Undocumented Immigrants Collect Workers’ Compensation In Minnesota?
When an undocumented immigrant suffers an on-the-job injury, two separate forces work against one another and can complicate the process. First, you have our workers’ compensation system which is designed to protect workers and prevent shady employer tactics. On the other side, you have federal immigration policies that could work to remove the individual from the country. Because of these counteracting forces, many undocumented immigrants are afraid of filing for workers’ compensation because they fear it will result in their deportation. Sometimes, unscrupulous employers try to capitalize on this fear by employing undocumented immigrants and skimping on workers’ compensation insurance.
However, you need to realize that as an undocumented immigrant, you have plenty of legal protections. That’s because the Minnesota Supreme Court ruled that undocumented immigrants are a protected class of worker that are eligible for workers’ compensation benefits. With that said, filing for and collecting benefits won’t be easy.
For starters, you might run into issues with your employer. If they fear repercussions for themselves, they may be adamant that you not file for workers’ compensation. They may promise to help with your injury costs or keep you on payroll, but there’s no guarantee they’ll keep their word. However, if you file for workers’ compensation, not only will you be able to receive state benefits, but you’ll also make it easier to showcase illegal action by your employer if they try to fire you or limit your hours because you filed for compensation. An employer may not retaliate against an employee for filing for workers’ compensation, so by keeping everything out in the open, it will be easier to make your case in the event they do something shady because you filed an injury claim.
Working with an attorney to collect workers’ compensation is helpful for all injured workers, but that’s especially true for undocumented immigrants. One of the key factors that impacts your workers’ compensation award is an accurate determination of your wage loss benefits. If you are being paid under the table, you regularly work overtime or your pay fluctuates pay period to pay period, you need to have an expert look at your case. You can easily be underpaid if you aren’t careful, so trust your claim to the team of attorneys at Hey Workers.
Finally, we can also set you up with resources if you are at all concerned about your immigration status. You have a number of resources on your side, and you shouldn’t shy away from compensation that is legally owed to you because of outside concerns. We’ve helped to collect compensation for immigrants in the past, and we can do the same for you.
For more information or to talk to a lawyer to see if you have a case, reach out to our talented team of lawyers at (844) 439-9675.
