Are Undocumented Workers Entitled to Workers’ Compensation in Vermont?

In Vermont, all employers are required to purchase workers’ compensation insurance. This insurance provides workers with financial benefits if they get injured or sick while on the job. Some employers and employees assume that the workers’ compensation system only covers employees who are in Vermont legally. They believe that undocumented workers are not entitled to workers’ compensation. This is far from the truth. Despite their immigration status, undocumented workers can bring a claim for workers’ compensation in Vermont. While federal law makes it illegal for an employer to knowingly hire undocumented workers, a worker’s citizenship status cannot bar them from being protected under Vermont’s workers’ compensation law.

Understanding Workers’ Compensation Laws in Vermont

Vermont’s workers’ compensation system is designed to provide financial support, including medical and wage replacement benefits, to employees who suffer work-related injuries or illnesses. To qualify for workers’ compensation in Vermont, you must be a regular employee, not an independent contractor. You must be employed by a Vermont employer. Vermont workers’ compensation law includes both legal and illegal workers. Vermont workers’ compensation law does not expressly exclude undocumented workers. No provision in Vermont law distinguishes between documented and undocumented workers.

In Vermont, undocumented employees are entitled to the same workers’ compensation benefits as documented workers. The state’s workers’ compensation law doesn’t differentiate between workers with documentation and those without, thus ensuring all employees receive necessary support in the event of a job-related injury or illness. Some of the key benefits available to undocumented workers under Vermont’s workers’ compensation system include medical, wage replacement, disability, and vocational rehabilitation benefits. If an undocumented worker dies after suffering a work-related injury or illness, their dependents may be entitled to death benefits, including compensation for funeral and burial expenses.

Does Federal Law Prohibit Undocumented Workers From Receiving Workers’ Compensation Benefits?

The Immigration Reform and Control Act (IRCA) is a federal law that prohibits employers from knowingly hiring undocumented immigrants. Some employers use the IRCA as a defense against undocumented workers who file workers’ compensation claims. They argue that since their hiring violates the law, they are consequently not covered under the workers’ compensation system. However, courts have consistently rejected this rationale. Despite the IRCA prohibiting hiring undocumented immigrants, the rights of undocumented workers to receive workers’ compensation benefits remain unaffected. These rulings are often based on the principle that excluding undocumented workers would result in employers hiring undocumented immigrants to avoid liability for work-related injuries and illnesses.

Filing a Workers’ Compensation Claim as an Undocumented Worker

While undocumented workers are entitled to workers’ compensation benefits in the event that they sustain job-related injuries and illnesses, recovering these benefits can be a challenge. To ensure you recover the benefits you are entitled to, it is crucial that you take the necessary steps. First, seek prompt medical attention. Second, report your injury or illness to your employer immediately or as soon as possible. If possible, make a written report detailing your injury or illness. Next, keep detailed records of everything, including your injury or disease. It is also vital to follow all doctor’s orders. Finally, seek legal assistance. A skilled lawyer can help protect your interests and guide you through the complex process.

Contact a Vermont Workers’ Compensation Attorney

If you have suffered a work-related injury or illness as an undocumented worker, contact our qualified Vermont workers’ compensation attorney at Sluka Law PLC for legal help.

Source:

bu.edu/hr/policies/federal-and-state-laws/immigration-reform-and-control-act-irca/#:~:text=IRCA%20prohibits%20employers%20from%20knowingly,mechanisms%20by%20the%20federal%20government.