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Can Undocumented Workers Receive Workers’ Compensation?

September 25, 2020

According to the American Immigration Council, undocumented immigrants account for approximately eight percent of New Jersey’s workforce. If you’re an undocumented worker, you may be unsure of what your options are if you’re injured on the job or scared to file a claim for fear of deportation. The good news is that you’re entitled to collect workers’ compensation benefits in New Jersey, regardless of your immigration status. Find out more below. 

What is the Immigration Reform and Control Act?

The Immigration Reform and Control Act makes it illegal for any employer to knowingly hire someone who is not legally able to work in the United States. Despite this federal law, the state of New Jersey recognizes that an undocumented worker shouldn’t be denied benefits if they’re injured in the course of their employment. 

Read more: Does My Injury Qualify For Workers’ Compensation?

What Kinds of Benefits Are Undocumented Workers Entitlted to?

If you’re injured on the job, you are eligible to receive 70 percent of your average weekly wages (up to a statutory maximum for the year of the injury) through workers’ compensation. It’s important to remember that temporary disability benefits will only be paid for as long as an authorized doctor indicates that you are disabled, or when you have reached maximum medical improvement. If you have questions about your entitlement to medical care, you have options available to you. The Emergency Payment Program for Undocumented Residents will pay for emergency care who would have ordinarily been eligible for Medicaid if not for your immigration status. 

Through the workers’ compensation system, if you are injured in the course of your employment, you are entitled to have your medical expenses paid, including the cost of your prescriptions, emergency room care and any follow up appointments. In order to receive these benefits, your treatment must be authorized and approved by your company’s workers’ compensation insurance. 

Read more: Am I Entitled To Death Benefits Under Workers’ Compensation?

How Much Will it Cost to Hire an Attorney to Help With Your Workers’ Compensation Claim?

In New Jersey, the workers’ compensation judge and court will dictate the fees and costs associated with your workers’ compensation claim. In most cases, it’s the employer’s insurance company that will pay a portion of the lawyer’s fees, however, it’s important to remember that certain firms offer free case evaluations to discuss these matters and more. At the Epstein Law Firm, P.A., we offer free consultations so we can help you evaluate your case and advise you on the best course of action. 

Contact A Rochelle Park Workers’ Compensation Lawyer To Discuss Your New Jersey Death Benefits Questions

If you have questions about collecting workers’ compensation benefits in New Jersey, the experienced and compassionate attorneys at the Epstein Law Firm, P.A. can help. We represent clients in Hackensack, Paramus, Englewood, Fair Lawn and throughout New Jersey. We understand that this time for you and your family is extremely difficult and we will work with you to help alleviate any financial stress you may be experiencing as a result of this unexpected injury. Call 201-231-7847 or fill out our online contact form today to schedule a free consultation about your questions. Our main office is located at 340 West Passaic Street, Rochelle Park, NJ 07662.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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"The Epstein Law Firm recently obtained a multi-million dollar settlement in an extremely complex and difficult financial services case. He and his team not only mastered the complex issues in the case, but also expertly handled all aspects of the negotiations. I cannot thank Michael enough for his dedication and hard work, and I highly recommend him and The Epstein Law Firm for those who need smart, creative, and aggressive lawyers who put their clients’ interests first.”

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