Undocumented workers in Virginia are entitled to workers’ compensation benefits, but their eligibility is not the same as that of those who are legally authorized to work in the United States. Workers, employers, and workers’ compensation insurers often misunderstand this topic. Here, we will explore the legal landscape and the implications for undocumented workers seeking benefits in Virginia.
Current Legal Framework
As it stands today, the Virginia Workers’ Compensation Act mandates that:
- Employers and their insurers are liable for the medical costs of injured undocumented workers.
- Wage loss benefits are only available if the undocumented worker is totally disabled.
Physical Injuries and Undocumented Workers’ Compensation
Physical injuries are the most common type of workers’ compensation claims. However, simply being on the job isn’t enough for an injury to be covered under workers’ compensation in Virginia. There are specific requirements that must be met to make a claim compensable.
To qualify for coverage under Virginia Workers’ Compensation rules, you must prove three things:
- The injury must result from an accident or a specific and immediate event. For instance, if you lift a box and feel a sharp pain in your back or a pop in your shoulder, this could qualify as an injury by accident. Additionally, there must be a structural change in your body.
- You need to show that your employment caused the injury. This could be due to a specific task, workplace situation, environment, or equipment used. For example, if you fall downstairs because the steps were defective or because you were carrying a box and couldn’t see the steps, it would be covered. However, falling down stairs for no apparent reason would not be covered.
- The injury must occur while you are performing your job, at a time and place where you are expected or allowed to be due to your employment. Injuries that happen while coming to or from work are generally not covered.
Reasons Undocumented Workers’ Compensation Claim Is Denied
Unfortunately, undocumented workers’ compensation claims are often denied for a variety of reasons. Some undocumented workers or illegal immigrants may worry that their immigration status is the reason for the denial, but this is not always the case. Here are some common reasons why workers’ compensation in Virginia might be denied:
Dispute Over the Origin of Injury
Employers or their insurance carriers might argue that your injury did not happen at work and occurred elsewhere. This can be especially tricky if you have pre-existing medical conditions. However, it’s important to know that a workplace injury that worsens an existing medical condition is still eligible for benefits.
Dispute Over the Severity of Injury
Sometimes employers or insurers may admit that you were injured but argue about how severe the injury is. They might say you don’t need a specific treatment your doctor recommended and refuse to pay for it. In these situations, providing proper medical documentation can help change the insurance company’s tactics.
Lack of Evidence
Claims are often denied because there isn’t enough evidence of the accident or injury. If you delay seeing a doctor, the insurance company might use that as an excuse to deny your claim. Also, if you didn’t report the accident to your supervisor right away, or if the supervisor says they were never notified, your claim could be denied. Always report your accident as soon as possible and keep a record of it, such as an email or text message from your personal phone.
Claims of Intoxication or Intentional Injury
Employers might claim that you were intoxicated at the time of the accident or that you injured yourself on purpose. While workers’ compensation is generally a no-fault system, there are exceptions for workers who hurt themselves intentionally or are under the influence. This is why many companies require mandatory drug tests after an employee accident.
Why Consult Richmond Workers’ Compensation Lawyers?
Reasons why you should choose us:
- We have expertise in handling claims involving illegal immigrants.
- We know the specific legal requirements and implications in Virginia.
- We can assist in mitigating financial liabilities and litigation risks.
Undocumented Doesn’t Mean Rightless
Virginia law protects undocumented workers’ rights to medical care for work injuries, and there may be compensation available depending on the severity of your injury. Don’t hesitate to explore your options. Call (804) 755-7755 to schedule a completely confidential consultation with Richmond Workers’ Compensation Lawyers. We understand the complexities faced by undocumented workers and are dedicated to helping you navigate the legal system.