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Workers’ Compensation For Non-Citizens

  • Owner
  • 11/28/2022

Non-citizen workers, both documented and undocumented, are eligible for workers’ compensation under the Pennsylvania Worker’s Compensation Act. However, insurance companies may try to exploit an injured worker’s immigration status as a reason for denying them workers’ compensation benefits. For example, when a US citizen sustains a work injury and is able to perform a light-duty job with a loss of wages, they are entitled to partial disability benefits. However, if the insurance company can prove the injured worker is not a citizen, that person will forgo their right to partial disability benefits because a non-citizen is only entitled to wage loss benefits if they are totally disabled. In order to give you the best chance of securing the benefits you deserve, contact a Philadelphia workers’ compensation lawyer at Pearson Koutcher Law as soon as possible.

Workers’ Compensation And Documented Workers

If you are a documented worker, you are eligible for workers’ compensation even if you are not a US citizen. After you are injured, promptly tell your employer or supervisor and seek medical treatment. While you are eligible for workers’ compensation as citizens if you sustain an injury in the course of your employment, the insurance company may try to wriggle out of its responsibilities. Your employer may claim that you are an independent contractor who is not eligible for benefits. If you are misclassified in this way, contact a Philadelphia workers’ compensation lawyer at Pearson Koutcher Law. If your visa was close to expiring, they may try to claim that you are out of work because of your visa’s expiration rather than your injury. To fight the insurance company head-to-head, please reach out to a Philadelphia workers’ compensation lawyer at Pearson Koutcher Law.

Workers’ Compensation And Undocumented Workers

While undocumented workers are eligible for workers’ compensation benefits, they are often much more difficult to obtain. For one, the undocumented worker may be required to answer questions about whether they have a Social Security number or valid identification. Insurance companies may exploit this vulnerability by making threats to call Immigration and Customs Enforcement (ICE) if the employee pursues their claim. Even if the insurance company doesn’t make threats, they will likely try to claim that the employee isn’t eligible for certain workers’ compensation benefits, such as partial disability benefits. To help protect yourself from the insurance company’s tactics, contact the Philadelphia workers’ compensation lawyers at Pearson Koutcher Law.

More Questions About Workers’ Compensation and Citizenship?

Contact the Philadelphia workers’ compensation lawyers at Pearson Koutcher Law today. We can help answer your questions about, not only immigration issues, but the workers’ compensation process and your individual claim. Call Pearson Koutcher Law today at 215-627-0700 for a free consultation.