Georgia’s labor force is full of undocumented workers. They pay taxes, are business owners, and are central to the success of the community. Immigration reform is a huge concern in the nation right now, so it is vital there is a clear understanding of workers’ compensation claims when they come from an illegal immigrant.
Are Illegal Immigrants Covered by Workers’ Comp Insurance?
Under the Georgia Workers’ Compensation Act (GWCA), having the status of illegal alien does not preclude you from receiving workers’ comp benefits. It is important to keep in mind that under the federal Immigration Reform and Control Act (IRCA) it is considered a crime for an employer to hire anyone who cannot work in the United States. Knowingly that is, as what happens much of the time is that employers are presented with false papers stating the employee is a citizen.
Entitled to Workers Comp Benefits
Most states either explicitly or implicitly include illegal aliens in their workers’ compensation act. But there are a few who do not allow for it as they view it from a standpoint of employer/employee contract which does not exist if the individual applying cannot legally work in the country. Georgia has tried this argument but been rejected each time. Wyoming does explicitly exclude illegal aliens from making workers’ comp claims if the individual is unauthorized to work and the employer fails to follow protocol.
Michigan upholds that illegal immigrants are not entitled to disability benefits, but they are however in entitled to receive medical benefits for the injury.Georgia law states that disability benefits shall not be given if the illegal immigrant isn’t able to attend work due to illegal status, as opposed to the injury.And other states are still unsure on the issue of workers’ compensation for illegal immigrants.
Limits to Workers’ Comp Benefits
Unfortunately, even though the law allows illegal immigrants to receive workers’ comp benefits, they are not home free yet. Once the undocumented worker is eligible for to return to work on light duty, they must bring in papers showing they are legally able to work in the US. If they are not able to do so, they face suspension of claims and probably loss of job.
Illegal immigration costs the US over a billion dollars each year and Georgia continues to be a fast growing illegal immigration state. Congress and the US people continue to have a deep division in thought on the issue and whatever is ultimately decided about reform will affect workers compensation benefits in the coming years. If you are an undocumented worker filing a claim for workers’ compensation, consult with an attorney and learn exactly what rights you have.