THE WORK COMP BLOG
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Informative Articles
Workers' Compensation
Do Undocumented Workers Qualify for Workers Compensation?
Immigration reform and enforcement of immigration laws have become a political hot topic, especially in light of Arizona’s enactment of several laws aimed at getting more undocumented residents to leave the state. In North Carolina, that debate hasn’t impacted the state’s workers’ compensation laws.
Under §97-2 of the state’s Workers’ Compensation Act, the definition of “employee” states in part,
(E)very person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed, but excluding persons whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer…
The key language is that the law covers “aliens…whether lawfully or unlawfully employed…” Big picture, national immigration issues took a back seat (if they were thought of at all) when the legislature wrote this section and when it was signed into law.
There can be lengthy debates about immigration reform, but in North Carolina, if a worker is hurt on the job and otherwise qualifies for benefits, his or her immigration status is irrelevant. Under federal law, employers are required to at least try to find out the status of a job applicant and not hire the person if he or she can’t legally work in the U.S. But that doesn’t impact workers’ compensation benefits once a person is hired, legally or not.
If undocumented workers couldn’t get workers’ compensation benefits, it would make it cheaper for employers to hire undocumented workers and create an incentive to break federal law, since these workers wouldn’t have to be covered by workers compensation insurance. If an undocumented worker couldn’t work because of an on the job injury, the employer could wash its hands of the worker. Given the person’s immigration status, the worker would probably be reluctant to file a personal injury action to get compensation and payment for medical bills.
No matter what your immigration status, if you have questions about workers’ compensation or are thinking about filing a claim, contact our office.
P: 828-252-2852
FREQUENTLY ASKED WORKERS' COMPENSATION QUESTIONS
Q. What if I cannot return to any gainful employment because of my work related injury?
Q. How much $ will I get from WC due to an on-the-job injury?
Q. Can I draw private disability checks while also receiving workers’ compensation checks for disability?
Q. Do I have to allow my Rehabilitation Provider in the examining room while I am being examined by my doctor for a workers’ compensation claim?
Q. Can I draw Workers’ Compensation weekly checks and Social Security checks at the same time?
Q. Can I draw Workers’ Compensation benefits if my work injury only aggravated a pre existing condition I had?
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Amazing! When my husband was injured, we didn’t know who to turn to. I started googling to find a attorney, I called Mr. Gantt, I couldn’t be more thankful! The nightmare was over as Mr. Gantt and his amazing team handled everything from that very moment! Not only was professional but extremely caring, taking time…
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David Gantt and his staff handled my disability claim and they were excellent. I highly recommend him, he is the best in Western North Carolina. Mrs. Kelly Reaves 5.0 stars November 5, 2019
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I was very satisfied with David Gantt’s expertise and knowledge in all aspects handling my case. He dealt with all the paperwork and contacted all necessary providers to get my medical history – it was extremely hassle free! He communicated and counseled me on what to expect – being very forthcoming (he’s a straight shooter)!…
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2019 Google Review
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2019 Google Review
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2019 Google Review
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2019 Google Review
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2019 Google Review
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2019 Google Review
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Linda Calloway Mundy David Gantt is an outstanding Lawyer. I highly recommend him. He was beside me all the way and I would like to thank him. ~Linda 5 Stars
2019 Google Review
David Gantt and his staff are very professional, upfront, honest and nice. They made me feel at ease discussing my case. They helped me with every step of the way towards my disability approval. I would recommend them to anyone. They kept me updated on everything. Just wish I had contacted them sooner. ~D.P.S.
2019 Google Review
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2019 Google Review
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