Minnesota’s workers’ compensation laws are designed to protect all types of employees, but what about individuals who may be undocumented or who have a pending citizenship application? Can these workers file for and collect workers’ compensation, or are they out of luck because they are not recognized as a legal citizen? We explain how Minnesota handles work injuries to undocumented immigrants in today’s blog.
Undocumented Workers and Work Injuries
Many undocumented individuals work manual labor jobs that can involve different types of payments than your standard bi-weekly payroll. Also, because these jobs are often physical in nature, they also have a higher rate of injury compared to the average worker. But what are their rights in the event they suffer a work injury as an undocumented worker?
The good news is that in the eyes of the state’s workers’ compensation laws, undocumented immigrants are viewed just like any other employee in that they are entitled to the same injury benefits. However, this doesn’t mean it will be smooth sailing if you suffer a work injury and are not an American citizen.
Because your employer may be skirting the laws by hiring you or paying you under the table, they may be adamant that you do not file a workers’ compensation claim. They may hint at retaliation or flat out tell you that there will be repercussions if you file a claim. This can scare the worker into not filing a claim for a serious injury because they are uncertain of the law. What you need to know is that even if you are an undocumented immigrant, an employer cannot legally take disciplinary action against an employee for filing for workers’ compensation. This means that they cannot fire you, demote you, or cut your hours because you file a claim. If they do this, they are in violation of the law and you can take additional legal actions against your employer.
These are just a few of the reasons why you need to hire a workers’ compensation lawyer like Dean Margolis to represent you if you suffer an injury at work. We only take a percentage of your winnings in the event of a successful claim, so you do not need to worry about a potential added expense by hiring a lawyer. We’ll get you the most money possible for your injury and then you’ll pay us a fraction of that award.
While we’re on the topic of money, another reason it’s a good idea to hire a lawyer as an undocumented employee is because your weekly wages may vary greatly depending on the season and your line of work. We know how to calculate your average pay and any overtime in order to come up with the correct determination of what you would be owed if you won an award. Don’t shortchange yourself because you’re not sure how to calculate your normal earnings if you’re getting paid in different amounts at different times throughout the year. Trust Margolis Law Firm to get you the compensation you deserve.
For more information about your compensation options, or to talk to a lawyer about your injury and how to best proceed, reach out to the experienced lawyers at Margolis Law Firm today.