Workers' compensation is a vital safety net designed to provide financial assistance and medical benefits to employees who sustain injuries or illnesses while performing their job duties.
While the state's workers' compensation laws do not explicitly exclude undocumented workers, the eligibility process can be challenging due to certain legal and practical considerations. The experienced Atlanta workers’ compensation attorneys at Rechtman & Spevak are here to help.
Proving Employment
One of the primary hurdles faced by undocumented workers seeking Georgia workers’ compensation benefits is proving their employment relationship with the company. Documentation issues, such as lack of a valid Social Security number or work authorization, can complicate this process.
Type of Employment
In Georgia, most part-time and full-time workers are eligible for workers’ compensation benefits on the first day of their employment. However, independent contractors, domestic servants, farm laborers, and workers in businesses with less than three employees are not covered by workers’ compensation regardless of their immigration status.
Delayed Reporting
Many undocumented workers may fear reporting injuries or seeking medical attention due to concerns about their immigration status being exposed. This fear can lead to delayed reporting, which could potentially impact their eligibility for benefits.
Lack of Employer Cooperation
Furthermore, employers are typically aware that they are violating the law by employing undocumented workers and thus may opt not to openly communicate when reporting claims to the insurance provider. Although this can complicate the initial claims filing process, it does not negatively impact the injured worker’s right to benefits.
How Our Atlanta Workers’ Compensation Attorneys Can Help You Protect Your Right to Workers’ Compensation Benefits
While the state's laws do not explicitly prohibit undocumented Georgia workers from receiving workers’ comp benefits, numerous challenges complicate the process. As laws and attitudes evolve, it's crucial to seek legal advice from an experienced Atlanta workers’ compensation attorney at Rechtman & Spevak to ensure you’re treated fairly regardless of your immigration status. Our attorneys can:
- Assist in filing your claim
- Assist with any third-party claims related to your case.
- Ensure you have evidence to support your claim and maximize your benefits
- Negotiate with insurance companies
- Represent you at a hearing before an administrative law judge, if needed