Many undocumented workers believe that if they injured at work They can't claim anything. The fear of losing their job or being reported to immigration authorities means that, in many cases, they don't report the accident.
But in North Carolina, immigration status does not prevent access to workers' compensation.
“The immigration status of the injured person doesn’t matter,” he explained to Enlace Latino NC Jessica Yañez, attorney at the James Scott Farrin firm.
The North Carolina Supreme Court already made that clear
As Yañez indicated, the state Supreme Court has established that even people without migratory status qualify for workers' compensation benefits.
“Even if you don’t have any type of immigration status, you still qualify for workers’ compensation benefits,” he stated.
The lawyer pointed out that many people are unaware of this right, which can facilitate abuses by some employers.
“Many people don’t know this, so companies may try to take advantage of the situation by telling the worker that since they don’t have papers, they can’t do anything. But that’s not true.”
Even in cases where the worker has used another name or a social Security number Even though he was hired to work, he still has the right to claim workers' compensation. "He still qualifies for workers' compensation," the lawyer said.
What does workers' compensation cover?
In North Carolina, businesses with three or more employees must have a workers' compensation policy.
Yañez explains that this system works like insurance: it is the insurance company that pays the benefits when a worker is injured.
Benefits include:
- Medical treatment related to the injury.
- Payments for lost income if the worker is unable to work for more than seven days.
- Additional compensation if the injury results in permanent disability.
In the case of lost income, the lawyer clarified that the payment is equivalent to two-thirds of the usual salary and begins from the eighth day, provided that a doctor has indicated that the person cannot work.
What types of injuries qualify?
Not every illness or health problem is covered.
“If it wasn’t due to something that happened at work, it’s not covered,” Yañez explained.
The law contemplates three main situations:
- An injury from an accident at work, even if the worker was at fault.
- A specific back injury, for example from lifting a box.
- A disease that develops over time due to working conditions, such as repetitive movements or exposure to chemicals.
Outside of these cases, workers' compensation does not apply.
What happens if the employer threatens to call ICE?
Fear of retaliation is one of the main reasons why many workers do not report accidents.
Yañez acknowledges that these situations are unfortunately frequent. That's why she always recommends seeking legal guidance. The consultation is free, and it's very important to be well-informed about your legal rights. In the case of the firm James Scott FarrinThe workers only pay if they win the case.
In North Carolina there are Nonprofit organizations that help undocumented workers understand their options. She also explained that protections may exist under state labor laws and federal immigration laws, especially if the worker is being forced to work through fear, fraud, or threats.
In some situations, there might even be immigration benefits available, but that needs to be assessed by a [unclear/unclear - possibly a professional/initiative]. immigration lawyer.
He also mentioned that there is an agency in the state called the North Carolina Justice Center that handles these types of cases.
Can they fire me for injuring myself?
In North Carolina, an employer can fire a worker without giving a reason, Yañez explained. However, they cannot retaliate simply because the person sought workers' compensation or legal advice.
If the worker has legal status, they could apply for unemployment benefits if laid off. But if they lack legal status, they cannot access those unemployment benefits.
Even so, dismissal does not eliminate the right to receive workers' compensation benefits for the injury suffered.
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