Do Undocumented Workers Get Workers’ Comp in Illinois?
According to Axios, Illinois is home to approximately 400,000 undocumented migrants. Many of these migrants work, even though they are not technically permitted to be inside the country. So what happens when an undocumented worker becomes injured in Illinois? Can they still pursue a workers’ compensation claim? The answer might surprise you – and you should discuss your options with an Illinois workers’ compensation lawyer.
Illinois Allows Undocumented Workers to Pursue Workers’ Compensation
The answer is simple: Undocumented workers can pursue workers’ compensation in Illinois. This is due to the fact that Illinois law specifically includes “aliens” in the official definition of “employees.” In other words, Illinois’ workers’ compensation laws supersede federal laws in this situation.
Will ICE Find Out About My Status if I File a Workers’ Compensation Claim?
Even if undocumented workers are eligible to receive workers’ compensation benefits, they may still be reluctant to file a claim due to concerns about U.S. Immigration and Customs Enforcement (ICE). However, you should know that your workers’ compensation claim is completely confidential on a state level. In addition, you are not required to provide your social security number when filing a claim, which means this shouldn’t raise any “red flags” with federal authorities.
That being said, the new administration is taking a tougher stance on immigration. New executive orders may force certain state authorities to comply with ICE during their investigations. If you want to learn more about this issue, consider discussing the most recent developments with an experienced workers’ compensation lawyer in Illinois.
Potential Complications Arising From Workers’ Comp Claims
Undocumented migrants may encounter various issues when filing workers’ comp claims. First, they may cause problems for their employers – as knowingly hiring an undocumented worker is a federal offense in the United States. This may cause the employer to retaliate against an undocumented worker for filing a claim, since this could incriminate them. However, federal and state laws also make it clear that retaliation against employees filing workers’ compensation claims is illegal.
If your employer is causing any issues while you’re trying to file a workers’ compensation claim, speak with a lawyer. You might also encounter issues if your employer tried to designate you as an independent contractor instead of an official “employee.”
Whatever the case may be, an experienced workers’ compensation lawyer should be able to help you achieve compensation and justice after your injury. If you are the family of a deceased migrant who died while working, a lawyer could also help you pursue death benefits on their behalf.
Can an Illinois Workers’ Compensation Lawyer Help Me?
Experienced workers’ compensation lawyers in Illinois are here to help all workers – whether they are citizens, permanent residents, or undocumented migrants. Connolly Injury Law may be able to provide further information about pursuing compensation as an undocumented worker. To learn more, contact us today and schedule a consultation.
Sources:
axios.com/local/chicago/2024/12/10/falling-undocumented-population-in-illinois
crownschool.uchicago.edu/student-life/advocates-forum/workplace-discrimination-and-undocumented-first-generation-latinx#:~:text=The%20IRCA%20prohibits%20employers%20from,workers%20(Wishnie%2C%202003).
