If you are an undocumented worker injured on the job, you might wonder if you are eligible for workers’ compensation benefits in Virginia. The answer is yes, but there are some crucial details to understand.
Virginia law recognizes undocumented workers as ‘employees’ under the Virginia Workers’ Compensation Act. That means if you were hired by an employer and injured while performing your duties, you are entitled to certain benefits, regardless of your immigration status.
Virginia Workers’ Compensation: A Change for Undocumented Workers
Virginia’s laws on undocumented workers’ access to workers’ compensation benefits underwent changes in 1986 when a court case (Granados vs. Windson Development Corp.) ruled that employers could deny benefits to illegal immigrants who used false documents to get hired. This decision backfired, leading to more lawsuits against employers by injured undocumented workers.
Virginia’s legislature stepped in and changed the law to address this issue. Now, undocumented workers are considered ‘employees’ under the Workers’ Compensation Act. That means they are entitled to medical care coverage for work-related injuries. However, there are limitations to lost wages, which we briefly discussed below.
What Benefits Are Available to Undocumented Workers?
If you’re an undocumented worker in Virginia who has been injured on the job, you may be entitled to certain benefits under the state’s workers’ compensation laws. Here’s a breakdown of what you might be eligible for:
- Medical care: Your employer’s workers’ compensation insurance should cover all necessary medical treatment for your work-related injury. That includes doctor visits, hospital stays, surgery, physical therapy, and medication.
- Lost wages (with limitations): Virginia law allows undocumented workers to receive compensation for lost wages if their injury results in total disability, meaning they can not work in any capacity. However, you may not be eligible for lost wage benefits if you can perform some type of work, even with limitations. That is because eligibility for partial wage replacement requires a worker to demonstrate the ability to search for suitable alternative work, which can be difficult for undocumented workers.
Common Reasons for Workers’ Compensation Claim Denials: What You Need to Know
There are several occasions when your workers’ compensation claim might face denial. Here are some common reasons why this can happen, and not all of them are related to your immigration status:
- Employer disputes the injury: Employer might say you got hurt somewhere else, not at work. They could also claim an old injury you already had is causing the pain, not your work accident. Our Richmond workers’ compensation lawyers can help you fight for the benefits you deserve.
- Disagreement over treatment: The insurance company may deny coverage for a specific treatment your doctor recommends. With proper medical documentation, an attorney may be able to get this overturned.
- Missing evidence: If you wait a long time to see a doctor or tell your boss about the injury, it can make it harder to win your case. Report any work injury as soon as possible and keep a record of it.
- Intoxication or self-inflicted injury: Workers’ compensation usually covers accidents, but not if you were drunk or hurt yourself on purpose.
What to Do If You Are Injured?
Here’s what undocumented workers in Virginia should do immediately following a workplace injury:
- Seek medical attention: Get immediate medical attention for your injuries and document everything, including doctor’s notes and prescriptions.
- Report the injury to your employer: Inform your employer about your work-related injury within 24 hours (or a specific timeframe, depending on your workplace policy).
- Consult with a workers’ compensation attorney: Understanding the intricacies of workers’ compensation in Virginia, especially as an undocumented worker, can be complex. An experienced attorney can guide you through the claims process, ensure your rights are protected, and help you navigate any potential challenges.
Injured on the Job in Virginia? Know Your Rights, No Matter Your Immigration Status
Here at Injured Workers’ Law Firm, we understand the specific challenges faced by undocumented workers injured on the job. Our Richmond workers’ compensation lawyers are experienced, reliable, and focused on getting results for injured employees and their families. With our team’s expertise, we can help turn a stressful situation into something manageable.
Our lawyers will help you obtain the medical care and benefits you deserve. Contact us today to arrange a completely confidential consultation. Call us at (804) 755-7755 to speak with a knowledgeable attorney.