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5 Common Misconceptions About Workers’ Comp for Undocumented Workers In Tempe

Most undocumented workers who’ve been hurt on the job have concerns regarding their ability to collect workers’ compensation. Not only they are eligible to collect workers’ compensation but also entitled to full compensation just every other employee.

Topics on this Article:

You Will Get Fired, If You Get An Attorney You Will Get Deported Out Of Retaliation If You Win You Can Only File If You've Been Injured On-Site Not Eligible For Benefits If Your Employer Calls You An Independent Contractor You Can't Get Compensation If Your Claim Is Denied


Let’s clear up some of the misconceptions about undocumented workers’ ability to collect workers’ compensation so they can feel confident about filing a claim.


1st Misconception: You Will Get Fired, If You Get An Attorney


It’s illegal for employers to fire you when they learn you intend to file a workers’ compensation claim or hire an attorney even if you are an undocumented worker. Most states recognize the legal right of undocumented workers to collect workers’ compensation. Under this law, you cannot be fired, demoted, or discriminated against in any way for filing workers' comp claims.


immigration law for undocumented workers

That being said, if your employer tries to fire you or finds another reason to fire you, or your job expectation suddenly becomes more difficult while you have an open workers' compensation claim, then you should immediately talk to an attorney about this issue.


You Will Get Deported Out Of Retaliation If You Win


This is another common misconception about workers' compensation for undocumented workers in Tempe. You must remember that filing a workers' comp claim is an administrative process. There's no communication with other agencies like DHS. Filing a claim is every workers' legal right. So there's no way you will draw negative attention to your immigration status by filing a claim.


You Can Only File If You've Been Injured On-Site


This misconception is even more relevant now with the ongoing pandemic. You can file for a workers' compensation claim if you are injured while performing any office-related activity. This includes working from home or driving to/from off-site locations when your job requires it.


Another Misconception Is You're Not Eligible For Benefits If Your Employer Calls You An Independent Contractor


This doesn't concern you if your employer simply gave you that title but you are not an independent contractor according to the court's definition. If your employer controls your work, working hours, salary, tools, or other aspects of the job then you are definitely not an independent contractor and are eligible for benefits.


Last Misconception Is You Can't Get Compensation If Your Claim Is Denied


This is quite a common misconception about workers' compensation claims. Most employees' first time application for workers' compensation claim is denied. This usually happens when you don't have a lawyer by your side. Even the smallest mistakes or oversights can result in a denied claim. But thankfully, many people who initially faced rejection later have them overturned and get the benefits they need.


Final Thought


At Westover Law Firm, we specialize in Immigration and Employment Immigration Law. So if you are looking for an attorney in Tempe to filing a claim for workers’ compensation, then Westover Law Firm is the right place for you. Our other services include Nationality Law, Family Immigration, Naturalization, Deportation Defense, VAWA, Work Permits, U Visas, DACA, and all other related petitions of Immigration Law. To schedule an appointment, call us at 480-284-4200 or visit our website at Westover Law Firm for more inquiries.


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