Are you an undocumented worker who suffered a back injury on the job? You may be entitled to compensation from your employer through workers’ compensation benefits. The back injury attorneys at Younce, Vtipil, Baznik & Banks, P.A. can advise you on your rights and fight for the benefits you deserve regardless of your documentation status.
Back injuries are common in many industries that often employ undocumented workers, including the construction industry. According to the Center for Construction Research and Training, back injuries account for 16.4 percent of nonfatal injuries resulting in days off from work in the construction industry.
Some employers attempt to intimidate undocumented workers into not filing workers’ compensation claims after back injuries, but these workers have rights, and we are here to protect them. We are dedicated to helping all injured workers, regardless of immigration status. We are fluent in English and Spanish. Contact Younce, Vtipil, Baznik & Banks, P.A. today to speak with one of our experienced back injury attorneys during a free initial consultation.
Are Undocumented Workers Entitled to Workers’ Compensation Benefits After a Back Injury?
Yes, undocumented workers are entitled to workers’ compensation benefits in North Carolina. In the 1999 case Rivera v. Trapp, the North Carolina Court of Appeals reaffirmed the North Carolina Industrial Commission’s award to Herman Rivera, an undocumented immigrant from Honduras who was working as a roofer when he was injured in a forklift accident. The court determined that North Carolina law includes undocumented immigrants under the protections of the state’s Workers’ Compensation Act. Based on state statute and case law, undocumented workers can receive workers’ comp benefits in North Carolina like any other worker injured on the job.
If you are an undocumented worker injured on the job and your employer is threatening to withhold workers’ comp benefits based on your immigration status, contact a lawyer immediately. Furthermore, your employer’s insurer has no right to ask about your immigration status when filing your claim. You deserve the same benefits as any other injured worker.