Injuries sustained on the job are a common concern for many workers, but the problems are magnified for undocumented immigrants. Often, undocumented workers are shut out from several job opportunities and are forced to take more dangerous work or work provided by less-careful employers. Additionally, undocumented workers may not be sure whether they can claim workers’ compensation protection under Illinois law because of their legal status. Fortunately, Illinois courts have resolved this question, and undocumented immigrants are allowed to file workers’ compensation claims and collect payment for on-the-job injuries, just like any other worker.

Can Undocumented Workers Claim Workers’ Compensation?

Yes, undocumented immigrants can file for recovery through their employer’s workers’ compensation insurance the same as any other employee. The reason for this, according to Illinois courts, is that the Illinois law that creates the workers’ compensation system states that it applies to “every person in the service of another under any contract for hire . . . including aliens.” The court was then left to decide whether the coverage for aliens nevertheless excluded undocumented workers because of their legal status.

The court decided that it did not, and applied the basic legal idea that words in a statute should be interpreted according to their ordinary meaning if they are not given some specialized definition. Here, there was no such special definition, so the court ruled that “alien” encompassed all non-citizen workers regardless of their status.

Qualifying for Workers’ Compensation

Of course, being legally eligible to file a workers’ compensation claim is only the first step to recovering for an injury that happens on the job. It is also important for undocumented workers who have been injured at work to understand what types of injuries qualify for the protection of the workers’ compensation system.

The law’s standard for receiving workers’ compensation requires two things. First, an injury must have arisen “in the course of employment.” Hence, the injury had to happen at work during the workday. A traffic accident on the way home from work usually will not qualify.

Second, an injury must “arise out of employment.” Generally, this means that an injury has to have been caused or aggravated by some risk present in the work. Ultimately, a lawyer can help determine whether an injury arose out of the employment.

It can be frightening to have to worry about your legal status, but that does not mean you should worry about enforcing your rights. If you have been injured on the job and want to learn more about your options, contact a skilled Chicago immigration lawyer today for more information and specific advice.