Fighting For Your Workers’ Compensation Rights As An Undocumented Worker

If you’re hurt on the job as an undocumented worker, you may be hesitant to seek benefits. You don’t want to jeopardize your life and job here in Georgia. Thankfully, you don’t have to.

The Georgia Workers’ Compensation Act gives undocumented workers who are injured on the job the right to pursue benefits. You’re entitled to medical treatment for your job injuries. In some cases, both transportation and a translator are provided for medical appointments. You may also be entitled to income benefits, depending on the circumstances of your case.

If you are an undocumented worker who has suffered a work injury, Skibiel Law can help. Our attorneys are passionate about helping people like you get back on their feet with the benefits they deserve. We offer a free attorney consultation to answer your questions about workers’ compensation benefits. With convenient office locations in Jonesboro and Atlanta, we serve undocumented workers in the metro Atlanta area and throughout Georgia.

When Are Undocumented Workers Entitled To Income Benefits?

Undocumented workers are entitled to income benefits if their injury is disabling. Workers’ compensation income benefits are generally paid in these two situations:

The treating physician states the injured worker should not work.
The treating physician states the injured worker can return to light-duty work but the employer is unable to accommodate the light-duty restrictions.

The right to ongoing income benefits after an undocumented worker is released by the treating physician to light duty may be challenged. A recent Georgia case addressed whether an undocumented alien, released by the treating physician to light duty, could continue to receive weekly income benefits if they were legally unable to perform the light-duty job offered by the employer. In this case, the undocumented worker’s treating physician released them to light-duty work and the employer offered a light-duty job driving a delivery truck. The injured worker could not accept this job because they did not have a license and could not obtain a license because they entered the country illegally. Under the circumstances, the court held that the undocumented worker was not entitled to ongoing income benefits.

Georgia courts seem to be willing to allow payment of income benefits to an undocumented worker in a situation, as discussed above, if the employer was aware of the injured worker’s undocumented status when they were hired.

Useful Information For Determining Whether An Undocumented Worker Can Get Benefits

The following information may be useful for a lawyer to help an injured worker obtain income benefits:

Was there an actual hiring process?
Did the undocumented worker simply show up at a job site and was provided work?
If there was a hiring process, what, if any, paperwork did the undocumented worker provide or sign?
Was the employer made aware of the undocumented worker’s status before the injury occurred?
Does this employer routinely employ undocumented workers?

Who Is Responsible For Payment Of Workers’ Compensation Benefits To An Undocumented Worker?

The workers’ compensation insurance company for an undocumented worker’s employer is responsible for the payment of benefits. Unfortunately, sometimes, it is difficult to identify an undocumented worker’s employer. When the employer is identified, sometimes they do not have workers’ compensation coverage. It is not unusual for a big company to obtain work and then hire another company to do the job, who then hires another company to do the job, who then hires the undocumented alien to perform the work. Our lawyers can help you determine who is responsible for paying your benefits.

What’s Needed To Determine Who Pays Workers’ Comp Benefits

The following information may be important for an undocumented worker’s lawyer to determine their employer and workers’ compensation coverage:

If paid by check, the payer’s name and address
If paid by cash, the name of the person who paid you and the name of the person who paid them
Who provided the supplies for work, such as wood, tar paper and shingles
Who provided tools that were used for the job
The address and location of the job where the accident occurred
The company names on vehicles or signs at the job sites
The business or company that provides your employer with work

For Help In Obtaining Workers’ Compensation Benefits For An Undocumented Worker

If you are an undocumented worker, our lawyers will guide you through the entire legal process step by step to help you obtain benefits. Call 770-400-0963 or toll-free at 770-968-3554 to schedule a free consultation. Hablamos español.