Can I Receive Workers’ Compensation Benefits As An Undocumented Worker? 

 

The Georgia Workers’ Compensation Act does not exclude coverage to undocumented workers who are injured on the job. An undocumented worker is entitled to medical treatment for their 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, call Skibiel Law at 770-872-4329 or toll-free at 877-874-6650. 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 also 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.

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 jobsite 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?

Learn more: Who is responsible for paying my benefits?

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 attorney Mark A. Skibiel at 770-872-4329 or toll-free at 877-874-6650 to schedule a free consultation. Hablamos español.

Client Testimonials

Mark was very knowledgeable and kept me informed with my case. He wasn’t intimidated with the large law firm. I know for a fact that without his expertise and diligent work ethic my settlement wouldn’t have reached the amount it did. He worked far beyond what I expected, meeting with the company doctor, therapist, and insurance representatives. HAVE A TALK WITH HIM ITS FREE!!!!!
-Royce – Fayetteville, Georgia – Work Injury

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Mark takes the time to get to know you as a person, not just as a case. He’s an attorney you can trust to keep you informed on every aspect of the case. I received all info about the case as soon as he did, and Mark carefully answered every question that I asked. I would recommend Mark to anyone who is in need of an honest attorney.

– Derry – Riverdale, Georgia – Work Injury

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When my adjuster refused to pay for lost wages and for prescriptions, I felt the need to hire an attorney. After a brief consultation, I hired Mark. Within days, I saw results in my case. Everything that happened in my case went exactly as he told me it would happen in our initial consultation. When we went to the hearing, it seemed very one-sided and we won “hands down.” From start to finish, my case lasted less than nine months. My lost wages were recovered, and a sizeable settlement as well. Kudos Mark.

– Ronald – Stockbridge, Georgia – Work Injury

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Mark explained, in detail, how the law would apply to my case and assured me it would take some time for me to accomplish my goal. During my case Mark and his staff kept my wife and me informed and updated. Every time my wife or I called Mark’s office we were able to get a response from either him or his staff. When we settled my case, it was more than I ever expected. Mark and his staff were professional in handling my claim. My experience with Mark and his office was wonderful!

– Timmy A.
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