Know Your Rights – Undocumented Workers Entitled to Workers' Compensation

The need to institute fair labor laws and protections across the board, regardless of immigration status, is something I have blogged about previously–and the courts in many states agree!

Take this decision from South Carolina as an example, rendered just last December:

In a decision that is sure to unleash political firestorms at both the state and national level, the South Carolina Supreme Court ruled last week that illegal immigrants have the same right as any other worker to receive payments from the state’s workers’ compensation system.

In the matter of Curiel v. Environmental Management Services, the Court ruled unanimously that “disallowing benefits would mean unscrupulous employers could hire undocumented workers without the burden of insuring them, a consequence that would encourage rather than discourage the hiring of illegal workers.”

Here is a guide to states with rights for undocumented workers to claim workers’ compensation –

• California Court of Appeal Reaffirms Right of Undocumented Workers to Workers’ Comp Benefit

Here is a list of rights undocumented workers have in California

To receive a minimum wage of $8 per hour

To earn overtime pay — with some exceptions — after working more than eight hours per day or more than 40 hours in one week

To file wage claims with the state labor commissioner if they believe their employer has violated state wage laws

To file workplace safety and health complaints with Cal/OSHA, the state’s workplace safety and health program

To work in an environment free from retaliation for exercising their rights.

• Maryland – Design Kitchen and Baths, et al. v. Lagos – Undocumented Workers are Covered for Injuries on the Job
  
• Florida Court of Appeal: Hoffman Does Not Preempt State Workers’ Compensation Law
• Georgia Appellate Court Upholds Workers’ Compensation Coverage for Undocumented Worker
• Michigan Supreme Court Vacates Order Granting Motion to Appeal in Workers’ Compensation Case
• Minnesota Supreme Court Refuses to Limit Workers’ Comp Recovery in Cases Involving Undocumented Workers
• New York Court Rejects Discovery of Workers’ Immigration Status in Workers’ Compensation Claim
• Ohio Appeals Court Upholds Undocumented Workers’ Right to Workers’ Compensation