Can Undocumented Individuals Pursue Personal Injury or Workers’ Compensation Claims?
When someone is hurt in an accident, one of the first concerns is how they will pay for medical treatment, recover their earning capacity, and move forward with their life. For undocumented individuals, workers’ compensation claims can feel overwhelming — but it’s important to know that immigration status does not strip away your right to justice or fair compensation.
Personal Injury Claims
If you are injured in a car crash, slip and fall, or other accident caused by someone else’s negligence, you have the right to pursue a personal injury claim. Courts across the country have repeatedly recognized that undocumented individuals may seek damages for:
- Medical bills – for hospital visits, physical therapy, and ongoing care.
- Earning Capacity – income missed while recovering from injuries.
- Pain and suffering – the physical and emotional toll caused by an accident.
Insurance companies cannot deny you coverage or settlement opportunities based solely on your immigration status. The focus in these cases is whether you were harmed and whether another party is responsible.
Workers’ Compensation Claims
In many states, including Arizona, undocumented workers are still entitled to workers’ compensation benefits if they are injured on the job. This can include:
- Medical treatment coverage for work-related injuries.
- Partial wage replacement while you’re unable to work.
Employers have a duty to maintain safe workplaces, and that duty applies regardless of an employee’s immigration status.
Overcoming Fear and Barriers
Understandably, many undocumented individuals fear retaliation or exposure if they file a workers’ compensation or personal injury claim. It’s important to remember:
- Your immigration status is not the focus of a personal injury or workers’ compensation case.
- Attorneys are bound by confidentiality and work to protect your rights.
- Failing to pursue a claim often benefits only the negligent party or the insurance company.
Why Legal Representation Matters
Insurance companies may attempt to take advantage of someone’s immigration status to pressure them into unfair settlements or to discourage them from pursuing a claim at all. An experienced personal injury attorney ensures:
- You understand your legal rights fully.
- Your claim is backed by strong evidence and documentation.
- You aren’t intimidated into giving up compensation you deserve.
Protecting Undocumented Individuals’ Rights After an Injury
Accidents don’t discriminate based on immigration status, and neither should justice. If you are undocumented and injured — whether in a car accident or on the job — you still have the right to pursue compensation for your medical expenses, lost earning capacity, and pain and suffering. Remember, your immigration status does not strip away your right to justice or fair compensation.
Seeking help from a trusted attorney can make all the difference in protecting your health, livelihood, and future. If you are an undocumented immigrant who has been injured, contact Elmm Law Group today.