It may surprise some readers to learn that the answer is "yes." In Virginia, a worker who is not legally authorized to work in the U.S. can file worker's compensation claims. However, there are important differences in the coverage available to these workers. Any undocumented worker injured on the job in Virginia should consult an experienced worker's compensation attorney.

Virginia Worker's Compensation for Undocumented Workers

Worker's Compensation for undocumented workers is available in Virginia. Employers are responsible for the workplace injuries of workers they employ, even if those workers are not legally authorized to work in the U.S. The Virginia Worker's Compensation Act provides that employers are liable for the medical costs of an undocumented worker injured on the job. This law provides for one important limitation—while injured workers can get medical coverage, they can only receive lost wages if they are totally disabled. In addition, injured workers who are seriously injured on the job, resulting in permanent disability, may recover damages for loss of use from the employer.      

Reasons for the Denial of a Worker's Compensation Claim

Worker's compensation claims of undocumented workers may be denied, even if the worker has a right to file. Reasons for denial include:

·      Your employer disputes the actual cause of your injury.

·      Your employer disputes the severity of your injury.

·      Your employer argues that your injury was the result of intoxication or was intentional.

·      You failed to provide evidence to establish your claim.

Avoiding Denial of a Claim

An injured worker should talk with an experienced worker's compensation attorney to avoid having a claim denied. Undocumented workers have rights and should find an attorney with experience in these workers' claims.

If you are injured on the job, don't let your undocumented status keep you from a fair recovery.  Contact Ackerman & Falcon to learn how our experienced team can help you to secure fair compensation for your injuries.  Call us today at 703-288-1400 or schedule a free consultation online.