The workers’ compensation system was designed to ensure that workers who suffer an injury while working are able to continue to provide for themselves and their families. With over 32,000 workplace injuries being reported in the private sector in 2016, workplace injuries are all too common.
In addition, there may be injured workers who are in delicate immigration situations who suffer injuries while in the workplace. This has caused many undocumented immigrants to be concerned about their place in the South Carolina’s workers’ compensation system.
Fortunately, the South Carolina’s Workers’ Compensation Act includes undocumented immigrants in their definition of an employee: “every person engaged in an employment under any appointment, contract of hire, or apprenticeship, expressed or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed.”
However, it is important for workers to know how the system works for workers’ compensation for undocumented immigrants in Charleston. A seasoned workers’ compensation attorney could help explain your rights to benefits as an undocumented immigrant and could help you secure payments for medical expenses, lost wages, and disability after suffering a work injury.
It is important to understand a person’s legal status when it comes to workers’ compensation benefits. Under the federal Immigration Reform and Control Act (IRCA), 8 U.S.C. 1324(a), employers are prohibited from knowingly hiring an undocumented immigrant. However, this law only prohibits an employer from hiring a worker with the knowledge that they are undocumented and does not require the employer to conduct an exhaustive background check of its employees.
Under the South Carolina Workers’ Compensation Act’s definition of an employee, an undocumented immigrant would then be considered an employee and would thereby be entitled to workers’ compensation benefits. Case law has also affirmed this expansive definition.
South Carolina workers’ compensation laws may entitle injured workers to various benefits to help them provide for themselves as well as their families. Workers’ compensation can pay for:
For help with pursuing these benefits, contact an attorney who is knowledgeable about workers’ compensation for undocumented immigrants in Charleston.
Regardless of a person’s immigration status, it is important to take the following steps after a workplace injury:
Regardless of your legal status, workers’ compensation for undocumented immigrants in Charleston is available. Since these benefits can cover a variety of costs, they may be a valuable resource while recovering from an injury. Consult with a workers’ compensation lawyer to learn your legal rights as an illegal alien and options for financial recovery under the South Carolina’s Workers’ Compensation Act.
Free Consultation
(987) 654-3210The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Law Firm are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.
Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.
The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.
Copyright © 2019 Christmas Injury Lawyer. All Rights Reserved.