I am attorney Santiago Arroba from Raleigh Personal Injury Lawyers | Osborn Gambale Beckley & Budd, and as a Hispanic, I deeply understand the concerns of our community, especially those who are working in the United States without documentation.
One of the most common questions I receive is: “Do I have the right to claim for a work accident if I am undocumented?” The answer, surprisingly to many, is yes. Even without papers, you have legal rights and protections under North Carolina law.
Rights of undocumented workers in workplace accidents
In North Carolina, the law protects all workers, regardless of their immigration status. If you suffer an accident at work, you have the right to file a Workers’ Compensation claim. This protection includes:
- Covered medical treatment: You have the right to receive medical care for injuries sustained at work without worrying about the cost.
- Lost wages: If your injuries prevent you from working temporarily or permanently, you have the right to receive a portion of your salary while you recover.
- Vocational rehabilitation: If you cannot return to your previous job due to injuries, you can receive training for a new occupation.
Procedure for filing a claim
Filing a workers’ compensation claim when you are undocumented may seem intimidating, but the process is clear:
- Notify your employer: Inform your employer about the accident as soon as possible. This is crucial, as the law requires you to report the injury within a specific time frame.
- Seek medical attention: Your employer has an obligation to provide you with access to medical treatment. Don’t hesitate to get care immediately after the accident.
- File a workers’ compensation claim: This claim is made through the North Carolina Industrial Commission. Make sure you have the guidance of an attorney to protect your rights.
Retaliation and dismissal
Many undocumented workers fear that by filing a claim, their employers may retaliate, such as firing them or threatening to report them to immigration authorities. This is illegal. North Carolina law prohibits any type of retaliation by an employer when a workers’ compensation claim is filed. If this happens to you, it is important that you seek legal advice immediately to protect yourself.
Special considerations for undocumented workers
Although workers’ compensation law protects undocumented workers, it is important to note that not all available benefits may be available to those without documentation. For example, if you are unable to return to work due to your injuries, you may be limited in receiving certain types of long-term income loss benefits due to your immigration status. However, this should not deter you from seeking justice for injuries sustained on the job.
Protect your rights
If you have suffered a work accident, no matter your immigration status, you have rights and you should not face this process alone. At Raleigh Personal Injury Lawyers | Osborn Gambale Beckley & Budd, we have experience helping workers like you get the compensation they deserve. I, Santiago Arroba, am here to fight for you and make sure you receive the care and support you need.
How can we help you?
Each case is unique, and it is essential that you have an attorney who understands both the complexities of the law and the unique challenges you face as a member of the Hispanic community. Call our office today for a free consultation. We are located in:
Raleigh Personal Injury Lawyers | Osborn Gambale Beckley & Budd
3700 Glenwood Ave, Suite 410, Raleigh, NC 27612
Phone: 919-701-5555
Website: www.counselcarolina.com
Remember, you have rights, and we are here to fight for you.
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