People from all walks of life work and live in Minnesota. Some people were born here, others are here on a work visa, while others may have ended up here with a complicated immigration status. Many people who travel to the US or Minnesota without a solidified immigration status are doing so in hopes of finding a job to provide for their family here or back in their home country, so they come here willing and able to work.
But what happens if someone without a visa or a green card ends up getting injured on the job? Are they eligible for workers’ compensation, or are those benefits only reserved for American citizens? We use today’s blog to explore how immigration status affects a person’s ability to collect workers’ compensation benefits.
Immigration Status And Work Comp In Minnesota
We’ll cut right to the chase. If you are employed and suffer an on-the-job injury in Minnesota, you are likely eligible for workers’ compensation, regardless of your immigration status. It is your status as an employed worker, not as an American citizen, that renders you eligible for workers’ compensation benefits. Your immigration status has no impact on your protection from workplace injury and your eligibility for compensation in the event of an accident.
That’s the good news. The bad news is that it’s rarely a simple process for an undocumented immigrant to collect compensation in the wake of a work injury. For starters, they may not know where to turn. Navigating the workers’ compensation system is already complex before you add in potential language barriers and a general unfamiliarity with the best way to proceed with their case. This is why it is so essential to have a workers’ compensation lawyer by your side. We will handle all the important aspects of your claim so that you can focus on your health and your family.
Remember, workers’ compensation lawyers work on a contingent basis, meaning they get paid a small portion of an award they secure for their clients. Some immigrants may elect not to file for compensation because they believe it will be an added expense, but because there are no fees unless you win your claim, it’s a no risk option if your lawyer believes you have a valid case.
Another potential hurdle that immigrants and undocumented workers may face in their quest to collect compensation is from their employer. It’s possible that your employer hasn’t exactly been up front about your employment or their hiring of undocumented individuals, but that is their issue to sort through, and they cannot retaliate against you for filing a claim that you are legally entitled to receive, otherwise they will be in more legal trouble. If your employer has expressly or passively hinted that you would face consequences for filing an injury claim, you need to let your lawyer know. This is illegal, but every year countless individuals fail to pursue the benefits they are entitled to because they fear retaliatory action from their employer.
Language barriers, an unfamiliarity with the system and fear of problems from their current employer are all reasons why undocumented immigrants may opt not to pursue compensation after an on-the-job injury, even though they have every right to do so. Don’t let any of these issues be the reason you opt not to pursue your benefits. Instead, let Dean and the team at Margolis Law Firm be your guide. For more information, or for help with your injury claim, reach out to the Margolis Law Firm today at (952) 230-2700.
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