Although workers’ compensation laws are different in each state, in Illinois, an undocumented immigrant who is hurt while on the job has the right to file for workers’ compensation benefits. These rights are not affected or abridged in any way by citizenship or immigration status. In fact, under 820 Ill.Comp. Statute Section 305/1(4)(b)(2), “aliens” are specifically included as employees.
In 2008, Workers’ Comp of Illinois vs. Econ. Packing Company held that under Illinois workers’ compensation laws, undocumented aliens who are injured or killed on the job have a right to workers’ compensation benefits. If undocumented employees were to be excluded from workers’ compensation coverage, employers could be incentivized to place them in unsafe situations or those that clearly violate OSHA regulations.
Employers might also intentionally illegally hire employees who are not authorized to work in the United States, placing them under adverse working conditions. Whether you are undocumented or legally working in Illinois, you are entitled to collect workers’ compensation benefits when you are injured on the job. A Joliet, IL workers’ compensation lawyer can help you obtain the benefits you need and deserve.