Worker Compensation | Undocumented Workers
Worker Compensation
Worker compensation is a state-mandated insurance program
that provides compensation to employees who suffer job-related
injuries. An injured employee gets the benefits regardless of
who was at fault -- the employee, the employer, a co-worker,
a customer or some other third party. In exchange for these guaranteed
benefits, the employees usually do not have the right to sue
the employer in court for damages for the injuries.
Benefits:
The workers' compensation system provides replacement income,
medical expenses and sometimes vocational rehabilitation benefits
-- that is, on the job training, schooling or job placement assistance.
The benefits paid through workers' compensation, however, are
almost always relatively modest. If you become temporarily unable
to work, you'll usually receive two-thirds of your average wage
up to a fixed ceiling. But because these payments are tax-free,
if you received decent wages prior to your injury, you'll fare
reasonably well in most states. You will be eligible for these
wage-loss replacement benefits as soon as you've lost a few days
of work because of an injury or illness that is covered by workers'
compensation.
If you become permanently unable to do the work you were doing
prior to the injury, or unable to do any work at all, you may
be eligible to receive long-term or lump-sum benefits. The amount
of the payment will depend on the nature and extent of your injuries.
If you anticipate a permanent work disability, contact your local
Workers' Compensation office as soon as possible; these benefits
are rather complex and may take a while to process.
Top^
Undocumented Workers
The Immigration Reform and Control Act of 1986 (IRCA) makes
it illegal for employers to knowingly hire or continue to employ
undocumented workers. Therefore, employers can generally terminate
undocumented workers because of their undocumented status. Employers
also can refuse to hire workers because they are undocumented.
However, employers cannot use the IRCA as an excuse
to discriminate based on national origin. For example, an employer
is illegally discriminating on the basis of national origin if
she tells an undocumented worker of Chinese descent that she
cannot hire him because of the IRCA, but at the same time hires
undocumented workers of Mexican descent. Employers also cannot
use the IRCA to cover up wrongful (illegal) termination. A wrongful
termination may occur when an employer fires an employee because
that employee attempts to enforce an existing law or right that
benefits the public. For example, if an undocumented employee
complains of a health and safety violation or unpaid overtime
pay and the employer terminates that employee because of that
complaint, then the employer has wrongfully terminated the employee
even if the employer says that the employee’s immigration
status was the reason for the termination.
All workers, including undocumented workers,who are injured
on the job are eligible for workers’ compensation benefits
to cover the cost of medical treatment, and in some cases, lost
wages. However, people who are not authorized to work in the
U.S. may not be eligible for some job retraining benefits.
Top^
