Workers’ Compensation for Undocumented Workers in Pennsylvania

Undocumented Workers Are Protected Under Pennsylvania Workers’ Compensation Law

Many undocumented workers are unaware that they may qualify for workers’ compensation benefits after a workplace injury.

In Pennsylvania, workers’ compensation coverage is generally available regardless of immigration status. If you suffer a work-related injury or occupational illness, you may be entitled to benefits such as:

• Payment of medical expenses
• Wage-loss benefits
• Specific loss benefits
• Death benefits for surviving family members

Unfortunately, some employers and insurance companies take advantage of workers who are unfamiliar with their rights or afraid to report an injury.

How Immigration Status Can Impact a Workers’ Compensation Claim

While undocumented workers may qualify for workers’ compensation benefits, immigration status can sometimes become an issue during the claims process.

Insurance companies may raise arguments related to your ability to work or attempt to use your immigration status as part of a dispute over ongoing benefits. These situations can become legally complex and often require experienced legal representation.

The important thing to remember is that a work injury does not automatically prevent you from pursuing benefits simply because you are undocumented.

Wage-Loss Benefits for Undocumented Workers

One of the most common areas of dispute involves wage-loss benefits.

If the insurance company argues that you are capable of performing some type of work, it may attempt to challenge your entitlement to ongoing benefits. These cases often involve medical evidence, work restrictions, and other factors specific to your situation.

Because these claims can be complicated, it is important to speak with a Pennsylvania workers’ compensation lawyer if the insurance company questions your eligibility for benefits.

Independent Contractor Misclassification Issues

Misclassification is a common problem across many industries, particularly those that employ immigrant and undocumented workers.

Some employers improperly classify workers as independent contractors in an attempt to avoid providing workers’ compensation coverage and other employee protections.

However, your employer does not get the final say.

When determining whether you are an employee or an independent contractor, a Workers’ Compensation Judge will examine factors such as:

• The amount of control the employer has over your work
• How the work is performed
• The nature of the working relationship
• Whether you have the ability to independently accept or reject work

Even if your employer calls you an independent contractor, you may still qualify as an employee under Pennsylvania workers’ compensation law.

Protection Against Retaliation and Threats

Many undocumented workers hesitate to report workplace injuries because they fear losing their jobs or facing immigration-related consequences.

However, employers should not use threats, intimidation, or retaliation to discourage workers from pursuing benefits.

If your employer threatens termination, attempts to intimidate you, or uses your immigration status against you after a work injury, you should speak with an attorney as soon as possible.

Talk to a Pennsylvania Workers’ Compensation Lawyer

A workplace injury can be overwhelming, especially when immigration concerns are involved. Fortunately, Pennsylvania workers’ compensation laws generally protect injured workers regardless of immigration status.

At Stern & Cohen, we help injured workers throughout Pennsylvania understand their rights and pursue the benefits they deserve. If your claim has been denied or your employer is challenging your eligibility for benefits, we can help.

Contact Stern & Cohen today for a free consultation.

FAQs