Can Undocumented Immigrant Employees Get Workers’ Compensation Insurance?
As an employer, it’s important that you get a comprehensive Workers’ Compensation insurance policy that covers all employees. You may be wondering if that includes undocumented immigrant employees. Depending on the state you operate in, it might.
The issue of whether or not undocumented immigrant employees can get Workers’ Compensation insurance benefits is complicated. The answer depends on the state you live in and its stance on this subject. Generally, most states allow undocumented immigrant employees to file Workers’ Compensation insurance claims if they are covered under a policy. If an undocumented immigrant employee files a Workers’ Compensation claim, it shouldn’t adversely affect your premiums in any unique way. Undocumented immigrants that act as independent contractors may also get Workers’ Compensation insurance to protect themselves after a workplace injury. Keep in mind that employers can’t knowingly hire undocumented immigrant employees.
Our brokers are here to help employers get comprehensive Workers’ Compensation insurance policies to protect their companies and employees. To learn more about the Workers’ Compensation insurance brokers at NPN Brokers, call today at (866) 340-9120.
Are Undocumented Immigrant Employees Covered Under Workers’ Compensation Insurance?
The issue of Workers’ Compensation insurance policies and how they relate to undocumented immigrant employees is a complicated one. Because each state has its own laws regarding Workers’ Compensation insurance requirements and covered employees, the rules regarding this subject may vary from state to state.
Whether or not an undocumented immigrant employee is covered under a company’s Workers’ Compensation insurance policy depends on the state they operate in and that state’s insurance requirements. Some states are still undecided on this matter. That said, injured workers can typically recover benefits by filing a Workers’ Compensation insurance claim if their employer has coverage.
For example, in Florida, undocumented immigrant workers have the right to file a Workers’ Compensation insurance claim if injured on the job. Whether or not injured workers take this route based on their legal status is their decision.
It is important to understand the limits of your policy and whether or not all of your required employees are covered, regardless of their immigration status. To learn more about this topic and how it might impact you as an employer regarding your policy, reach out to our Workers’ Compensation insurance brokers.
Can Undocumented Immigrant Independent Contractors Get Workers’ Compensation Insurance?
In the United States, undocumented immigrants are able to work as independent contractors, regardless of their immigration status. Therefore, undocumented immigrants may require Workers’ Compensation insurance in case of a workplace injury.
Suppose you work as an independent contractor and are an undocumented immigrant in the United States. In that case, you may be required to get Workers’ Compensation insurance, depending on the state you operate your business in. Typically, independent contractors are excluded from most states’ Workers’ Compensation insurance systems unless they operate in the construction industry. While employers are not allowed to knowingly hire undocumented immigrants, there is no law preventing undocumented immigrants from working for themselves as long as they take the necessary steps.
Our Workers’ Compensation insurance brokers can help you understand how this process works so that you are properly covered in case of a workplace injury.
Is an Employer Affected if an Undocumented Immigrant Employee is Injured on the Job?
As an employer that needs Workers’ Compensation insurance for your employees, you might wonder how undocumented immigrant employees factor into the equation. In short, will your policy be affected if an undocumented immigrant employee is injured on the job and files a Workers’ Compensation insurance claim?
Generally speaking, an undocumented immigrant employee filing a Workers’ Compensation insurance claim won’t impact employers’ policies any more than a claim filed by another worker might. Of course, claims against your insurance might result in increased premiums or other changes to your policy. However, typically, an injured worker’s immigration status will not result in changes to your policy if an injured worker files a claim.
However, it is important to remember that states have their own Workers’ Compensation insurance systems and rules regarding undocumented immigrant employees filing valid claims. Insurance companies that respond negatively to claims from undocumented immigrant employees might increase premiums for supposed elevated risk or other reasons. It is important to speak with our Workers’ Compensation insurance brokers to learn more about the ins and outs of your policy and how it might be affected if an undocumented immigrant employee is injured on the job and files a claim.
It is also important for employers to understand that it is illegal to knowingly hire undocumented immigrants. Employers are responsible for checking the legal status of all potential employees before hiring them.
Does My Workers’ Compensation Insurance Policy Cover All Employees?
Whether or not your Workers’ Compensation insurance policy covers all employees may be unclear. It is important to understand which employees are covered under your policy to avoid any issues after a workplace injury.
In some states, all employees may not have to be covered under a company’s Workers’ Compensation insurance policy. If an employee is covered, they can most likely file a claim with your carrier, regardless of their legal status in the country. However, if a worker is not covered, they cannot file a claim with your Workers’ Compensation insurance carrier.
This is generally the case regardless of an employee’s legal status. For example, suppose a company unknowingly hired an undocumented immigrant. If their responsibilities are outside of the requirements for Workers’ Compensation in their state and they are not a covered employee, they will not be able to file a claim with a carrier. The same can be said of documented immigrant workers or citizen workers that are not covered under a Workers’ Compensation insurance policy.
In general, it is a good idea to include all of your employees in your Workers’ Compensation insurance policy. That way, should a workplace accident occur, they can file a claim with your carrier, and you can avoid any legal headaches from potential compensation lawsuits.
Call Our Brokers to Get Workers’ Compensation Insurance Today
As an employer, it’s important to keep your company protected by getting Workers’ Compensation insurance. To learn more about the Workers’ Compensation insurance brokers at NPN Brokers, call today at (866) 340-9120.
"*" indicates required fields
- What Trades Are Considered “Construction Industry” Per Florida Statutes
- Do I Need Workers’ Compensation Insurance for Myself in Florida?
- Does Georgia Have a Fellow Servant Rule for Employees?
- How Do You Be Worker’s Comp Exempt in Florida?
- Do Small Business Owners Need Worker’s Compensation in Florida?