The United States of America is a great nation formed since its foundation by immigrants; unfortunately, many who are now here are not in compliance with the immigration laws of the this country. Many of these people are members of our Hispanic community who come to this country with one unbending purpose: to work, nothing else. Often undocumented immigrants work in dangerous professions like agriculture, factory work, or construction. When an immigrant is injured at work, he or she thinks that the rights of an injured worker do not apply in his/her case and is afraid to ask for the benefits of workers’ compensation because of his/her migratory status.
The most important thing to be said here is that the laws of Pennsylvania protect all injured workers and provide benefits independent of their migratory status.
When an injured worker files a claim for injured workers’ rights, the Pennsylvania Bureau of Workers’ Compensation cannot take into account a person’s migratory status.
Will I be deported if I file a workers’ compensation claim?
Undocumented immigrants often fear being deported if they have contact the government looking for help. Many employers take advantage of this fear and threaten injured workers with deportation or other legal action if they ask for workers’ compensation payments.
These threats are considered illegal. In Pennsylvania, you have the right to claim payment for your injuries after a work accident. In addition, you are protected from reprisals by your employer if you file a claim for those benefits.
Every employer has an obligation to his employees, legal or not, to respect the rights of injured workers.
What should I do after being injured at work?
If you are an undocumented worker that has been injured on the job, you should know that you have rights.
After an injury you should always inform your supervisor that you were injured. Get medical treatment as soon as possible, and make a list of all those who witnessed your accident.
Visit the doctor, even if your employer tells you that the company will not pay benefits. Keep your medical records in a safe place. Remember that the company doctor works for your employer, whereas the accident doctors at Grupo MedLegal work for you.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.