[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.attorneync.com\/blog\/laws-protecting-undocumented-workers-reported-ice\/#BlogPosting","mainEntityOfPage":"https:\/\/www.attorneync.com\/blog\/laws-protecting-undocumented-workers-reported-ice\/","headline":"Laws Protecting Undocumented Workers from Being Reported to ICE","name":"Laws Protecting Undocumented Workers from Being Reported to ICE","description":"Some unscrupulous employers respond to a workplace accident by threatening to report an undocumented worker to immigration control if they claim workers\u2019 compensation benefits. If you are an undocumented worker in North Carolina, you have all of the legal rights and remedies provided by both federal and state law, including...","datePublished":"2023-06-02","dateModified":"2026-02-26","author":{"@type":"Person","@id":"https:\/\/www.attorneync.com\/blog\/author\/ross-weatherspoon\/#Person","name":"Ross Weatherspoon","url":"https:\/\/www.attorneync.com\/blog\/author\/ross-weatherspoon\/","identifier":46,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/ba246d1efe186a32b2757ff42114a96ab292c314cc6b73f221be4e274b93a10a?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/ba246d1efe186a32b2757ff42114a96ab292c314cc6b73f221be4e274b93a10a?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Younce, Vtipil, Baznik & Banks P.A.","logo":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","width":390,"height":107}},"image":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2023\/06\/undocumented-workers-compensation-scaled.jpg","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2023\/06\/undocumented-workers-compensation-scaled.jpg","height":1714,"width":2560},"url":"https:\/\/www.attorneync.com\/blog\/laws-protecting-undocumented-workers-reported-ice\/","about":["Workers compensation"],"wordCount":736,"articleBody":"Some unscrupulous employers respond to a workplace accident by threatening to report an undocumented worker to immigration control if they claim workers\u2019 compensation benefits.If you are an undocumented worker in North Carolina, you have all of the legal rights and remedies provided by both federal and state law, including access to workers\u2019 compensation benefits after work-related accidents. In addition to the right to a safe and healthy workplace, most employees have the right to be paid at least the minimum wage and overtime pay for work beyond 40 hours a week. You have the right to demand your rights without facing retaliation.The\u00a0Raleigh workers\u2019 compensation attorneys\u00a0at Younce, Vtipil, Baznik & Banks, P.A., are committed to helping each of our clients secure the full benefits available by law after a serious on-the-job injury. Our legal team includes attorneys who are\u00a0board-certified specialists in North Carolina workers\u2019 compensation law. We have attorneys fluent in both English and Spanish to serve Spanish-speaking members of our community.Workers\u2019 compensation pays an injured employee\u2019s medical bills, a portion of wages lost as they recover, and the costs of other needs associated with an occupational injury. If you have been injured on a job site or while performing your job duties, such as driving a vehicle, contact us online\u00a0or at 919-661-9000 to set up a free consultation about your legal options.Is an Undocumented Worker At Risk After Filing a Claim Against Their Employer?All employees, documented and undocumented, face the risk of retaliation if they claim job benefits that their employer doesn\u2019t want to honor. Most employers in North Carolina are required by law to maintain workers\u2019 compensation insurance to pay for medical treatment and lost wages for injured workers. But multiple workers\u2019 compensation claims can drive up an employer\u2019s costs.Undocumented workers face the risk of retaliation in the form of their employer reporting them to ICE or U.S. Immigration and Customs Enforcement; however, the Courts in North Carolina have made clear that an injured worker\u2019s documentation status has nothing to do with their right to receive workers\u2019 compensation benefits.\u00a0 Moreover, it is unethical for an adjuster or attorney representing the insurance company or employer to use an individual\u2019s immigration status against them to gain an advantage in the case. All workers, regardless of their citizenship or immigration status, have certain protections under the U.S. Constitution and access to the courts, meaning they have a right to file workers\u2019 compensation claims and personal injury lawsuits.If you have been injured on the job and your employer, supervisor, or another company official threatens you or objects to you seeking workers\u2019 compensation benefits, speak to a workers\u2019 compensation attorney as soon as possible. Workers\u2019 compensation cases are handled by the Industrial Commission, a state agency, in North Carolina. These cases do not involve federal agencies or federal courts unless your employer is the federal government.If you think your rights were violated, write down everything you can remember about the incident, including what agency the people involved were from (such as ICE and\/or local police), and if you know them, their names and badge numbers. If you have been injured, take photographs of your injuries and ask for a doctor or seek medical attention on your own as soon as possible. If there are witnesses, try to get their names and contact information.You have the right to file a written complaint with the agency\u2019s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously. Your lawyer can help you with this.Talk to Our Experienced Workers\u2019 Compensation Attorneys for HelpLet the lawyers at Younce, Vtipil, Baznik & Banks, P.A.,\u00a0in Raleigh, NC, help if you are having issues with a workers\u2019 compensation claim or have been subjected to threats of retaliation for seeking workers\u2019 compensation benefits. Discussing your case with an experienced attorney at Younce, Vtipil, Baznik & Banks, P.A. costs you nothing. Call us now at 919-661-9000 or contact us online\u00a0for a confidential claim review and advice about your legal options.About the AuthorRoss WeatherspoonW. Ross Weatherspoon is a family law attorney for Younce, Vtipil, Baznik & Banks, P.A. in Raleigh, North Carolina. He is a member of the North Carolina Bar Association (NCBA), NCBA Family Law Section, and the NCBA Young Lawyers Division."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.attorneync.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Laws Protecting Undocumented Workers from Being Reported to ICE","item":"https:\/\/www.attorneync.com\/blog\/laws-protecting-undocumented-workers-reported-ice\/#breadcrumbitem"}]}]