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My experience is that illegal immigrants or undocumented aliens are hesitant to report workers compensation injuries because of their immigration status. Nevertheless, when they do report such injuries, they are able to receive full benefits, including medical treatment and lost wages.
When I have represented such individuals, there generally has already been some attempt by the employer to prevent the claimant from reporting the injury and receiving benefits. When this happens, it is important to get an attorney involved as soon as possible in order to prove the injuries occurred at work and the full extent of the injuries. Information about the injury needs to be obtained quickly. This includes names of witnesses, pictures of the accident site, and reports from agencies that investigated the injury, such as OSHA or the fire department. Also, failure to obtain adequate medical treatment promptly can actually be used against the injured employee to reduce the benefits they may be eligible to receive.
Language and cultural differences make obtaining benefits a little more difficult for illegal immigrants or undocumented aliens. But, administrators and lawyers have taken steps in recent years, such as using translators and adopting multi language forms, to assist injured employees. Because of the language and cultural differences, it is even more important for illegal immigrants or undocumented aliens to seek the services of an attorney.
Nevertheless, injured workers with questionable immigration status still need to obtain the services of a skilled workers compensation attorney as soon as possible, to receive all the benefits they are entitled to receive by law.