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June 8, 2022 By Valerie Johnson

Are undocumented workers eligible for workers’ compensation?

If you are injured at work it can wreck your health, your income, and your work. In North Carolina, workers’ compensation benefits are meant to help you after an injury or work-related condition until you can get back to work. If you are an undocumented worker you are eligible for the same compensation.  An undocumented worker’s immigration status does not affect their right to compensation under the Workers’ Compensation Act and you may be able to get medical treatment and a percentage of lost wages just like other injured workers. As with all claims, undocumented workers’ are eligible for workers’ compensation if the requirements are met for a compensable claim. 

The North Carolina Workers’ Compensation Act defines what compensation you are eligible for from your employer when you are injured at work. That Act states that undocumented workers are also eligible for that same compensation. Specifically, the Act defines the term “employee” to mean “every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed . . .”  We understand you might be nervous to contact a lawyer due to fears about your immigration status. Rest assured that case law is well settled in this area, we know the law, and how to help you get the compensation that you deserve. 

At Johnson & Groninger PLLC, one of our team members wrote the book on North Carolina workers’ compensation law. Our two board-certified North Carolina workers’ compensation attorneys are there to help when you’re struggling with the benefits forms and wondering how you’re going to make ends meet. One of our board-certified workers’ compensation attorneys, Jennifer Segnere, is also fluent in Spanish. For more information or to schedule a consultation, contact Johnson & Groninger PLLC or call 919-240-4054.

Filed Under: Work Injury, Workers' Compensation Tagged With: hurt at work, undocumented workers, workers comp injury, workers compensation lawyer

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