Both legal and illegal immigrants are employed at some of the most dangerous workplaces all throughout the United States. Since these immigrant workers face high risks of work-related injuries, many of them wonder if the worker’s compensation law protects them.
The Basics Of Compensation Law
When a particular worker gets injured on their job, the Federal Law states that they are entitled to an individual
financial compensation under the Workers Compensation Law. This compensation is a workers insurance that provides cash compensation for medical treatment bills, as well as lost wages. This coverage is applicable in cases where an employee becomes injured or ill as a direct consequence of their job. According to the law, the employer is obliged to pay for this insurance and is forbidden from requiring the injured employee to contribute to the overall cost financially.
Here, it is important to note that all workers are entitled to injury compensations, including immigrant workers as well.
Injury Claims
Compensation for job-related injuries is not strictly limited to compensation benefits. In many cases, an employee can bring a lawsuit apart from receiving workers compensation. Even though in most cases, an employee may not sue their employer, there may be third-parties that can be sued for their responsibility in causing work-related injuries.
Injury Compensation Cases For Immigrants
However, due to the currently unclear situation with the undocumented immigration workers and their injury
claims, it is always a good idea to hire and consult a legal firm. Legal practices such as immigration and workers comp were implemented to protect immigrant workers.
When it comes to the claims themselves and the types of work-related accidents, there are three main types.
Machine And Equipment Accidents.
Immigrant workers, who work in various factories, are often required to operate dangerous machinery. These can include metal polishers or dough mixing machines that utilize rapidly moving blades and powerful motors. In most factories, especially those that hire immigrant workers, there is usually a lack of safety features and measures.
As a result, some workers often end up with severe injuries that include severed limbs and so on. If such an injury is caused due to the lack of safety measures or poorly maintained machine, a worker can sue the manufacturers, so as to receive financial compensation.
Construction Work Accidents
It is no secret that the majority of immigrant workers earn their wages on construction sites, all across the U.S. Some of the most dangerous construction works include demolition, iron working, and painting at extreme heights. At construction sites, workers may fall from great heights, inhale hazardous fumes or get injured due to various violations of safety and building codes.
In the majority of States, there are Labor Laws that protect all workers by making both the employers and the contractors responsible for ensuring that all those working on their construction sites are provided with proper safety gear and equipment. If there is any violation of these laws, which can lead to a worker suffering injuries, that worker is entitled to ask for benefits from the employer’s insurance company.
Car Accidents
It is also well known that many immigrants work in the restaurant and food delivery business. To deliver the foods, they mostly use bikes. As a result, they are usually very vulnerable in traffic, due to careless drivers. If a worker is hit by a car while delivering food on their bike, they are entitled to ask for a workers compensation from their employer. Moreover, they can also sue the driver, as well.