• Skip to main content
  • Skip to header right navigation
  • Skip to site footer

Call Now (205) 930-6900

The Nomberg Law Firm

The Nomberg Law Firm

Birmingham Workers' Compensation & Personal Injury Lawyers

  • Attorneys
  • Bankruptcy
  • Employment Law
    • Wage and Hour
    • Wrongful Termination
  • SSD
  • Workers’ Comp
  • Personal Injury
    • Truck Accident
    • Car Accident
    • Construction Accident
    • Slip And Fall
    • Spinal Injury
    • Wrongful Death
    • Olin Plant Asbestos Exposure
  • Resources
    • Videos
    • Blog
    • Accident & Injury Guide
    • Attorney Referral
    • Public Speaking & CLE
  • Testimonials
  • Contact

Undocumented Workers Not Necessarily Exempt From Workers’ Compensation Benefits

Injury Attorneys (Home) / Blog / Workers’ Compensation / Undocumented Workers Not Necessarily Exempt From Workers’ Compensation Benefits

by Bernard D. Nomberg

An Alabama workers’ compensation lawyer faces a different kind of battle when dealing with an undocumented worker filing for workers’ compensation benefits. Just because the employee is undocumented, it does not mean the undocumented worker is completely exempt from receiving worker’s compensation benefits.

Undocumented workers in Alabama are plentiful. These individuals face many workplace issues such as long hours, low wages and often the least desireable and most difficult jobs. Sadly, these conditions result in many injuries. Up until a few years ago, there was no remedy for these individuals when it came to workers’ compensation. Traditionally, undocumented workers were exempt from receiving any benefits. That is not the case anymore.

Under the Immigration Reform and Control Act (IRCA), undocumented immigrants are now legally authorized to work in the United States. The law requires employers to verify their employee’s eligibility to work. Violations of the IRCA result in costly sanctions. Many employers have relied on the IRCA to defend a claim against an undocumented worker trying to receive workers’ compensation benefits.

There are arguments on both sides for an undocumented worker receiving workers’ compensation benefits. On one hand, the employer should not profit off the worker and yet deny them the same rights other employees receive. On the other hand, the worker places their employer at a legal risk by working illegally and wants to be afforded benefits and protection of the law at the expense of that employer. Despite both arguments, undocumented workers are able to receive workers’ compensation benefits under Alabama state law.

In order to claim workers’ compensation benefits, several elements must be met. For an undocumented worker, a cause of action requires proof that they are an employee covered by workers’ compensation, that they sustained a workplace injury, the injury is compensable under the Workers’ Compensation Act, and they have made a claim for benefits.

On The Job Injury Case: Is There A Time Limitation For The Injured Worker To Settle A Case?

On The Job Injury Case: Is There A Time Limitation For The Injured Worker To Settle A Case?

Normally, a claim must be filed within two years from the date of the injury or two years from the last date that the employee was paid compensation for the lost wages from the injury.

Learn More

In Alabama, an employee includes any person in the service of another under any contract of hire, express or implied, including aliens.

In one particular Alabama case, a young man came to the United States illegally from Mexico and worked construction. While working on a home, he became paralyzed and attempted to receive workers’ compensation benefits. An Alabama court ruled that the construction company was to pay compensation benefits to the young man for the rest of his life and cover medical bills. This case clearly demonstrates the potential for undocumented workers to receive benefits.

An undocumented worker’s claim for workers’ compensation is no longer automatically dismissed. Instead, an Alabama workers’ compensation lawyer has a strong claim if they are able to meet the traditional workers’ compensation elements. Workers’ compensation benefits for undocumented workers should not be underestimated any longer.

I am handling one such case right now in court. I currently represent the wife of a worker who was killed while working at a hotel. The worker was an undocumented alien from Mexico. That fact is not in dispute and not a defense for the employer.

If you find yourself in this situation, please consider contacting the Nomberg Law Firm. This is the kind of work that we do. We can be reached at (205) 930-6900 or at nomberglaw.com.

Bernard D. Nomberg has practiced law in Alabama for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. He has been selected a Super Lawyer by Super Lawyers Magazine as well as a Top Rated Attorney by B-Metro Magazine.

Category: Workers’ CompensationTag: Alabama, benefits, employee, IRCA, Mexico, undocumented, workers, workers' compensation

Sidebar

Categories

Recent Posts

  • The DOJ Provides New Guidance To Allow Student Loans
    To Be Discharged in Bankruptcy
  • What Debts Am I Not Able To Discharge Simply by Filing Bankruptcy?
  • The Slap Seen Around the World—Does Chris Rock Have a Workers’ Comp Claim?
  • What Happens After My Workers’ Compensation Claim Has Been Resolved?
  • Workers’ Compensation Claims in the Metaverse Workplace

Search

Always get the best legal advice.
Hire us today, and you’ll be in good hands.

Schedule a Consultation


About Us

The Nomberg Law Firm of Birmingham, Alabama practices: Workers’ compensation, personal injury, automobile accidents, car accidents, Social Security Disability claims, workplace accidents, workman’s comp, on-the-job accidents, and bankruptcy law matters.

BBB Accredited Business

The Nomberg Law Firm: Alabama Enjuris Partner Attorney

Practice Areas

  • Workers’ Compensation
  • Wage And Hour
  • Wrongful Termination
  • Social Security Disability
  • Wrongful Death
  • Bankruptcy
  • Car Accidents
  • 18-Wheeler Accidents
  • Personal Injury
  • Slip And Fall
  • Employment
  • Construction Accidents
  • Spinal Injury

Location

The Nomberg Law Firm
3940 Montclair Rd
Suite 401
Birmingham, AL 35213
(205) 930-6900

  • Facebook
  • Twitter
  • Youtube
  • LinkedIn
  • Apple

Copyright © 2023 • The Nomberg Law Firm • All Rights Reserved • Privacy Policy • Website design and SEO optimization by SEOAdvantage.com

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Read Disclaimer »