Undocumented workers are entitled to receive workers' compensation benefits. The insurance company cannot ask about your immigration status and it cannot deny your claim even if it finds out you are undocumented. However, your employer may terminate your employment once it discovers you are undocumented.
If your compensable injury leaves you unable to work, you are entitled to receive disability compensation even if you are undocumented. The insurance company must also authorize medical treatment reasonably necessary to treat your injury.
If your doctor says you can medically return to work in some capacity, the insurance company may argue that you should no longer be paid for lost wages because of your immigration status. The insurance company will likely seek to terminate your wage-loss benefits based on this argument. However, the insurance company must meet its burden of proof before it can prevail on this argument. It is important to carefully review the legal pleadings and evidence received from the insurance company in support of its request to terminate your disability compensation. The Olsinski Law Firm will help you respond to any litigation initiated by the insurance company regarding your right to receive ongoing wage-loss benefits.
The Olsinski Law Firm will defend you against the insurance company. We will advocate for you to receive the benefits you need to recover from your injury and be compensated for your wage loss. Contact us today!