Can Undocumented Workers Benefit from Workers Compensation?
When a person has a work accident, is exposed to harming factors on the long-term, or encounters any situation that results in work-related injuries, the state helps by regulating the workers’ compensation claims and other protective measures.
It’s obvious that an injured person is no longer able to provide for themselves or for the codependent members of their family as much as before. By suffering injuries while carrying work duties, at the workplace or not, because of negligence or endangerment from the employer, they are entitled to pursue a workers compensation claim against the business they work for.
Each state has its own laws regarding workers comp claims, but they are very similar up to a few differentiating details.
Workers Comp in Missouri
Employers in Missouri with more than five employees must carry workers compensation insurance. The payments that are settled by the court in such cases are not coming from the employer’s pocket but from the insurance company they work with or a state reserve (public insurance) where the employer is uncovered. Not all types of workers are covered by the state workers comp law, as some categories fall under federal jurisdiction (like seamen, inmates, volunteers, etc.).
Some of the particularities in Missouri law make it quite a generous state when it comes to workers comp, but not every case has the desired result for the complainant. To qualify for workers comp benefits, you must check the conditions imposed by state law.
Can Undocumented Workers Benefit from Workers Compensation?
If you have suffered an accident during your work duties, but you are not employed legally, you surely are worrying that you are not eligible for workers’ compensation benefits. Fortunately, Missouri does not take the working forms status into consideration when evaluating a case. Whether you are documented or not, you can still file for benefits if your injuries or condition arose out of and in the course of employment.
How to Receive Benefits as an Undocumented Worker
To make sure your medical expenses, lost wages, and emotional distress are compensated, it’s best to hire an attorney who has previous experience with such cases. Reporting the incident as soon as possible and gathering the necessary evidence to back up your claim are all steps that should be done properly. Follow your work injury lawyer’s advice and stay focused on your goal of defending your rights.
Your employer might be in more trouble if you get hurt on the job, as they might be required to pay your benefits in cash. Negotiating is possible and it can help both of you get out of this situation with a satisfying result, but be aware of attempts to put your unemployment on the fact that you are an undocumented worker. The state will generally protect you, but a St. Louis workers’ compensation lawyer is your best option to get a fair settlement.
