Like many undocumented workers, you may be employed in a high-risk industry, such as construction, cleaning, maintenance, landscaping, or farming. If you're an undocumented worker in Virginia and you've been injured on the job, you have rights.

Workers' Compensation for Virginia Undocumented Workers

Undocumented workers in Virginia are entitled to workers' compensation under Virginia's Workers' Compensation Act. How workers' compensation works for injured undocumented workers is a little different from that of those working legally – specifically with what compensation you may be entitled to.

What Compensation Are Undocumented Workers Entitled to?

In a typical workers' compensation claim, the injured worker is entitled to medical costs and lost wages. If you're an injured undocumented worker in Virginia, you are only entitled to medical expenses. The only situation where you are entitled to lost wages is if your workplace injury totally disables you. 

What Happens if the Workers' Compensation Claim is Denied and How to Prevent It from Happening

If you're injured at work and undocumented, your workers' compensation claim can't be denied just because you are undocumented. There are many reasons workers' compensation claims are denied for both documented and undocumented workers in Virginia. Common reasons for denial are: 

• 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.

The best way to set yourself up for a successful workers' compensation claim is to work with an experienced workers' compensation attorney. 

Navigating Your Rights as an Injured Undocumented Worker

The attorneys at Ackerman & Falcon have worked with numerous undocumented workers who have been injured on the job. Your immigration status should never get in the way of you getting fair compensation for the injuries you suffered at the hands of your employer. Call us today at 703-288-1400 or schedule a free consultation online.