How compensation laws apply accident immigrants

The law of compensation for accidents of work varies by state, but everywhere is based on the idea that a worker who is injured on the job are entitled to compensation, to a leave of absence at work and benefits any permanent disability resulting from the injury. In the case of immigrants, whether legal or illegal in the United States, the law of compensation for accidents was applied work differently.

Federal law

Federal laws governing immigration, while the law of compensation for accidents work is regulated by each state. Federal law provides that certain categories of documented legal immigrants (such as permanent residents of the United States, winners of the lottery , relatives of U.S. citizens and residents) to work in the U.S. and therefore are covered by the law of compensation by accident working.

State Law

In General, a legal immigrant will have the same rights and the same coverage under the law of compensation for accidents working as a laborer born in the United States employed in the same job. As for illegal immigrants or undocumented, it is possible that state laws are difficult to enforce due to undocumented worker status.

Documented workers

A documented worker who is injured at work is entitled to the various benefits of compensation for accidents of work under the law of the state in which the work is set. These benefits include the replacement of wages for time lost due to workplace injury, payment of medical expenses and costs of prescription drugs, physical rehabilitation, the right to return to work in the same job when they fit to do and the right to return to make light work for the same employer if possible; include ongoing payments available for permanent disability resulting from the work injury and vocational rehabilitation if the injury requires a change of career.

In the case of a fatal work accident, the insurance company that covers compensation for accidents working make payments to the families of the workers. For immigrants who do not intend to remain in the U.S. indefinitely, access to some of the above benefits (such as vocational rehabilitation) may be more difficult.

Undocumented workers

The undocumented workers or illegal immigrants are in a confused situation with regard to the law of compensation for accidents of work. In some states, including Florida, Nevada, Texas and Utah, illegal immigrants are expressly covered under the law of compensation for accidents at work and receive the same rights as American workers.

Other states, including Virginia, South Carolina and Montana, cover only legal immigrants who are authorized to work. Some states, such as Mississippi and Missouri, extending the coverage of compensation for accidents at work “immigrants” who do not have legal immigration status. Some states, such as Idaho and Wyoming, specifically exclude illegal immigrants from coverage compensation for accidents of work. In other states, including Washington, South Dakota and New Hampshire, the law does not talk about compensation for accidents of work for immigrants.

Problems

Several issues may hinder access of immigrants to benefits payable under the law of compensation for accidents of work. For immigrants who do not understand English very well may be difficult to understand the paperwork, medical examinations and treatment relating to compensation for accidents of work. Fear of deportation may cause a worker to avoid seeking medical attention or reporting a work injury.

Monetary compensation benefits are based, so overall, wages of the injured worker, and illegal immigrants who may work for less than minimum wage, this may decrease the monetary value of compensation. The injured immigrant workers who leave the United States after a workplace injury may have difficulty coordinating the medical part of a compensation case and documenting a permanent injury. Immigrants wishing injured have legal representation may have trouble finding a lawyer or a translator who speaks your language.