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Do undocumented workers qualify for workers’ compensation?

On Behalf of | Apr 10, 2025 | Wage & Hour Laws

Many workers in Illinois worry about their rights and protections in the workplace, especially if they are undocumented. One common question is whether undocumented workers can qualify for workers’ compensation benefits. In this post, we’ll explain what you need to know about workers’ compensation and undocumented workers.

Workers’ compensation and undocumented workers in Illinois

In Illinois, workers’ compensation provides benefits for employees who suffer from work-related injuries or illnesses. These benefits cover medical expenses, lost wages, and other related costs. For undocumented workers, the situation can be a bit more complicated.

Eligibility for workers’ compensation

Illinois law provides workers’ compensation benefits to any worker, regardless of their immigration status. Undocumented workers qualify for workers’ compensation benefits if they meet the other requirements, such as suffering an injury while performing job duties for their employer.

Some workers fear their immigration status may affect their ability to claim benefits, but the law protects them from such discrimination. Workers’ compensation claims depend on the injury itself, not on a person’s immigration status.

What to do if you’re an undocumented worker injured on the job

If you’re an undocumented worker who gets injured on the job, you can file a workers’ compensation claim just like any documented worker. The key steps include notifying your employer about the injury, seeking medical care, and filing the claim. Document everything, from the injury to the treatments you receive.

Employers cannot retaliate against workers who file workers’ compensation claims, including undocumented workers. If you face retaliation or difficulties in filing a claim, you have legal options to protect your rights.

Protecting your workers’ compensation claim

Though workers’ compensation claims for undocumented workers are allowed, following the correct steps is crucial to protect your rights. This includes ensuring proper documentation of the injury, filing the claim on time, and seeking legal guidance when necessary.

By doing so, undocumented workers can ensure they receive the benefits they deserve, regardless of their immigration status.

Undocumented workers can access workers’ compensation benefits just like any other worker. If you are injured at work, it’s important to know your rights and take the necessary steps to protect yourself and your well-being.