Are Undocumented Immigrants Entitled to Workman’s Comp?

undocumented immigrants and worker's comp - steven graves insurance agency

Undocumented workers have been at the forefront of the news media for the past several years. The federal government has discussed national legislation regarding illegal immigrants, but many states have also taken up the issue. One of the biggest concerns these undocumented immigrants may have is whether they qualify for workman’s comp insurance in Dallas.

Texas Follows the Entitlement Codified in Statute

Every state has their own rules when it comes to whether undocumented workers are covered in the event they are injured on the job. Texas law states individuals who are injured while working are entitled to compensation based on their injuries. This includes individuals who have entered the country and are working under illegal status.

Entitlement Doesn’t Always Mean Success

Unfortunately, just because an undocumented immigrant is eligible for Texas worker’s compensation doesn’t mean he or she will receive those benefits. It’s up to the individual to fully know and understand their rights and how to seek the compensation to which they are entitled. One of the issues that greatly affects an individual’s ability to file a workman’s comp claim is an inability to speak English well. Many undocumented workers speak only their native language or are extremely limited in their knowledge of English. This can impede their efforts when they attempt to file a claim. This makes working with an experienced attorney, specifically one who is bilingual, extremely important.

Other Challenges

When filing for workman’s comp insurance in Dallas, undocumented immigrants can experience other challenges along the way. While undocumented immigrants’ rights have improved, these individuals still don’t have a social security number, which is required on the incident report. Likewise, many employers make the process as difficult as possible for their undocumented employees because they know filing a claim is already difficult for them. Employers may also feel they don’t owe an undocumented employee anything. These practices have led to a small percentage of reports on injuries of undocumented immigrants. The United States offers a vast number of benefits to those who work hard for their living. When it comes to undocumented immigrant’s rights, however, great strides are needed to help them get compensation when they are injured on the job. While advances have been made, there is a long way to go before illegal immigrants are truly qualified for Texas worker’s compensation. If you need to purchase a policy for workman’s comp insurance in Dallas, contact us. ABCO Home Plus Insurance Agency can help you determine how much you need.