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Undocumented workers and workplace injuries

You go to work every day expecting to hit your goals. You plan on putting in your time and then going home to your family. Your priority is being safe and making a living. You strive to take care of your family. With that being said, you know that accidents can happen. Accidents happen in all corners of our lives. Sometimes they happen at work.

A workplace injury can greatly alter your life.

If you are injured on the job, you could be left unable to work. You may have medical bills that pile up. Also, your family could be greatly impacted. If you are unable to work due to your injury, your family may be out a paycheck. This can be devastating. Recovering from an injury is tough, no matter how severe the injury is. If you are an undocumented worker, you may worry that there are no options for assistance.

The Texas Workers Compensation Act makes help available.

It is illegal to knowingly hire undocumented workers under the Immigration Reform and Control Act. You may think that this would disqualify you as an undocumented employee from obtaining any workman’s compensation benefits. The s Compensation Act makes it so that undocumented employees can seek benefits. Texas statutes explicitly include undocumented workers.

What is non-subscriber vs subscriber?

Most states require that employers have worker’s compensation coverage. Texas does not require this. There are two types of workplace injury claims—dependent on whether or not your employer carries worker’s comp insurance. When an employer does not carry insurance they are considered to be a non-subscriber. In order to get compensation, law suits are filed. If an employer does carry compensation insurance, they are considered a subscriber. Compensation will be filed through the insurance.

Can undocumented workers sue?

An undocumented worker has the right to sue after being injured. If the employer does not have worker’s compensation coverage, then you can sue for negligence in certain instances. You can sue for lost wages due to your injury. You also have the right to seek compensation for future loss of wages.

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