Who is entitled to submit a claim for an accident at work?
Maybe you or someone you know is in the United States without papers. This is a situation in which many persons find themselves. But despite not having any papers, many folks who are in this country illegally have gotten a job and are being able to make a living. Finally they get a feeling that things are starting to work out and there is hope for the future.
But accidents happen when they are least expected and they can happen to anyone. Perhaps they have even happened to you and now you don’t know what to do. Who can tell you what your rights are? Do you have a right to submit a claim? Moreover, is it worth even thinking about it?
The answer is a definite YES. Your immigration status and your rights as a worker are two completely separate issues. You may file a claim even if you have no papers.
Did you suffer an accident at work? Have you needed to go to the doctor several times, have you had surgery and needed therapy or rehabilitation?
Even if the accident happened the first minute of the first day you were working at your new job, you have the right to file a claim. Once you’re working, even for a minute, and you’re technically employed by that company you have the same rights as someone who’s been working for them for twenty years. The law states that you should not be treated any differently whether you’ve been working there a minute or many years.
An accident lawyer can help you file a claim for workers’ compensation. He can guide you in two areas: how to recover your lost wages and how to collect medical benefits.
Medical benefits
These include therapies, doctors’ visits, operations, rehabilitation and even hospital bills.
Loss of income
It is always a little difficult to collect the wages you are owed because since you have no papers, you have not filed any tax returns. In them it would be easy to find information about your job and your income. Moreover, most likely you do not show up on the payroll of the business, you are paid in cash and the insurance company that covers the business does not know about you. Obviously, if they report having fewer employees, they pay less in insurance.
In short, at work they have done things to make it look as if you do not exist. And as for your colleagues, it is also possible that no one would want to testify on your behalf. They would not want to risk their own situation to help you and risk losing their own jobs.
Yet, this does not mean you have to give up. There are creative ways to prove that you work there. Maybe an ambulance picked you up there the day of the accident or a police report was filed when this happened.
Talk to your accident lawyer. He will help you get the best results when it comes to workers’ compensation.
Recommended Articles:
Don’t Do These Things If You Have Been Hurt On the Job!
The Most Dangerous Construction Jobs in Miami, Florida