When undocumented immigrants get hurt on the job or develop an occupational illness in Georgia, they may worry about seeking benefits through the state workers’ compensation system. Employees without documentation often assume they are not eligible for workers’ comp benefits due to their immigration status or fear deportation if they try to file a claim. However, state courts have held that undocumented workers can claim workers’ compensation benefits under the Georgia Workers’ Compensation Act (GWCA) regardless of their immigration status.
The Law Offices of William F. Underwood, III, P.C., stands up for the rights of all workers, including undocumented immigrants. Our attorneys can help you file for workers’ compensation benefits after suffering an on-the-job injury. We’ll build a solid claim for maximum compensation that provides you with the financial support you need while you heal.
Our legal team has worked to protect the interests of every client for over a decade. Get experience on your side. Call or contact us today for a free consultation with an Albany workers’ compensation lawyer.
Can Undocumented Immigrants Receive Workers’ Compensation?
People residing and working in Albany without documentation or work authorization may believe their immigration status prevents them from filing a workers’ compensation claim. Not true.
In fact, Georgia’s workers’ compensation law entitles any qualifying worker to receive workers’ compensation benefits regardless of their immigration or work authorization status. Instead, workers’ compensation benefits are possible to anyone who performs work for financial compensation under an employer-employee relationship.
All Georgia businesses with three or more employees must purchase workers’ compensation insurance. Most workers should be classified as employees. But if you are an independent contractor or freelancer, you may be ineligible for benefits.
What Workers’ Compensation Covers for Undocumented Workers
Workers’ comp for undocumented immigrants and other eligible employees can offer several financial benefits until they return to work. These include:
- Payment for all reasonable and necessary medical treatment authorized by your treating provider
- Partial wage replacement
- Temporary partial or total disability benefits (TPD/TTD)
- Permanent partial disability benefits (PPD)
- Rehabilitative care benefits
- Death benefits for surviving family members or dependents of a fatally injured worker
What Are My Rights as an Undocumented Worker?
If you are an undocumented worker in Albany, you have the right to file a workers’ compensation claim with your employer and their workers’ compensation insurance carrier. You could also have the right to file a personal injury claim if a third party (not your employer) is at fault for your injury or illness.
An employer technically cannot fire an employee in retaliation for filing a workers’ compensation claim. However, if you are an undocumented worker, your employer must terminate you upon confirming your lack of authorization to work in the United States. But your employer cannot use the workers’ compensation process to find out if you are undocumented and try to use it against you.
Laws That Protect Undocumented Workers in Albany
All workers, regardless of immigration status, are protected from age, race, sex, and other forms of discrimination by federal employment laws like Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963 (EPA), Age Discrimination in Employment Act of 1967 (ADEA), and others.
Undocumented workers have specific protections under The Immigration and Nationality Act (INA). The act prohibits employers from:
- Using citizenship status or national origin as a basis for discrimination when hiring, firing, recruiting, or issuing referrals for a fee
- Utilizing unfair document practices on the I-9 Employee Eligibility Form and E-Verify processes
- Retaliating against or intimidating an undocumented worker
If you believe your workers’ comp rights are being violated, talk to an Albany workers’ compensation attorney right away.
Steps to File a Workers’ Comp Claim
An experienced workers’ compensation lawyer can help you apply for benefits and represent you throughout the entire process. Hiring a lawyer is not required but can help you avoid pitfalls that often lead to claim denials.
To file a workers’ comp claim in Georgia, you must:
- Notify your employer of your work injury as soon as possible. This must be done no later than 30 days after being injured in a work-related accident. Your employer must submit a First Report of Injury Form WC-1 within 10 days after your notification.
- Seek medical attention immediately. Your employer must provide you with a list of approved physicians you can visit unless you require emergency medical treatment.
- File a WC-14 Notice of Claim Form with the Georgia State Board of Workers’ Compensation (SBWC). This formally begins the workers’ compensation claim process.
- If your employer or its insurer denies you workers’ comp benefits, you have the right to appeal the decision. Your case will be heard by a workers’ compensation judge, who will rule if you have a valid claim and determine the amount of benefits you are entitled to. An unfavorable decision by the workers’ compensation judge could be further appealed to the board, and from there to the courts.
Talk to a Trusted Workers’ Comp Attorney Now
Regardless of your immigration status, every eligible worker in Georgia is legally entitled to workers’ compensation benefits after a workplace injury. You don’t have to go through the process of filing a claim alone. An experienced Albany workers’ compensation lawyer from the Law Offices of William F. Underwood, III, P.C. can help you pursue the money you deserve. Call or contact us today to get started. The first consultation is free.
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