How Does Immigration Status Affect Your Workers’ Compensation Benefits?

An accident at work can be traumatic and painful. If you or a loved one have been injured on the job, it is important to protect yourself and talk to an experienced workers compensation attorney in Massachusetts. The workers’ compensation process is complicated. One error can result in denial of claims, denial of treatment, or termination of employment. If you have contracted an illness at work, or sustained a workplace injury, our workers’ compensation attorneys at the Bellotti Law Group, P.C. can help. We have over 38 years of expertise in dealing with workers’ compensation cases. Each of our workers’ compensation attorneys are well prepared to help clients and their families receive the compensation they deserve after a work-related injury. Contact us today at 617-225-2100 for a free consultation.

Under the Workers’ Compensation Act, illegal aliens and green card holders are considered covered employees. As long as there is a valid contract of hire, a worker is deemed an employee. In Brambila v. Chase-Walton Elastomers, Inc., 11 Mass. Workers’ Comp. Rep 410 (1997), the Reviewing Board found that an individual classified as an illegal alien was still entitled to Workers’ Compensation benefits, despite misrepresenting his status in order to be hired. While the contract can be voided on the basis of misrepresentation of the employee, the contract wasn’t voided, and was therefore valid at the time of the injury.

In Medellin v. Cashman KPA, 17 Mass. Workers’ Comp. Rep. 592 (2003), the aforementioned Brambila v. Chase-Walton Elastomers case was reviewed due to the U.S. Supreme Court decision in Hoffman Plastic Compound, Inc. v. NLRB, 535 U.S. 137 (2002). In Medellin, the Reviewing Board decided that even though the contract of employment may be illegal under federal law, the injured worker would suffer a “serious forfeiture” if the benefits were denied, while employers would receive the benefit of the work performed. The employee’s immigration status did not render the contract void. Ultimately, workers’ compensation benefits apply to undocumented workers in Massachusetts.

Contact an Attorney Today

Filing and pursuing workers’ compensation benefits is a complicated process. Having an experienced attorney on your side will greatly increase your ability to receive workers’ compensation benefits. An attorney can help you file the claim, give advice on the case, and accelerate the process to help you get your benefits as soon as possible.

You need the assistance of an experienced attorney. If your benefits were denied, your rights violated or your employer isn’t filing your claim in a timely manner, you will need the help of a qualified workers’ compensation attorney. Contact an experienced lawyer at Bellotti Law Group, P.C. for a free consultation. Call 617-225-2100.