Injuries at work can upend lives. For those who are in the country without authorization, it is worse. Fear of getting back at their employer or getting deported keeps many from coming forward. Federal and state laws, including Phoenix, provide protections under the law no matter one’s immigration status. If one is injured at work, one might still qualify for compensation, medical treatment, and legal representation. This blog describes how workplace injury statutes affect undocumented workers and what rights they can depend on in Arizona.
Are Undocumented Workers Entitled to Workers’ Compensation?
It’s the first question that might strike workers, as there’s always the risk of facing workplace mishaps. The good news is that workers’ compensation statutes in Arizona also cover employees who lack legal immigration status. The Industrial Commission of Arizona states that undocumented workers are entitled to:
- Report workplace injuries
- Be treated medically
- Seek lost wage benefits if qualified
Employers cannot deny these benefits solely because of a person’s immigration status. They cannot deny coverage to workers from workers’ compensation insurance under A.R.S. § 23-901. State courts have upheld this requirement based on public safety and labor standards.
Federal Protections Under the National Labor Relations Act
The National Labor Relations Act (NLRA) shields all employees’ rights to organize irrespective of immigration status. These include:
- Reporting unsafe conditions
- Engaging in union activities
- Filing complaints against labor violations
Employers threatening to report an undocumented worker for complaining may be subject to legal repercussions. A Phoenix construction site accident lawyer can shed light on the topic. Get assistance from the licensed experts.
Are Undocumented Workers Able to Sue for Injuries?
The answer is yes. But one must remember that this only applies when a third party, such as a contractor or manufacturer, causes the injury. The injured worker might be able to bring a civil lawsuit against the employer. The Arizona Supreme Court has not restricted this right according to immigration status.
For instance, a Phoenix construction accident attorney may defend an injured illegal worker hurt by defective scaffolding. The emphasis is on the injury cause, not the citizenship of the worker.
Employer Retaliation Is Forbidden
Federal and Arizona law forbids retaliation against any employee who makes an injury claim. This prohibits an employer from legally:
- Firing an employee for reporting an injury
- Threatening deportation
- Intimidating or coercing them into silence
Such activities may result in penalties, fines, and other legal consequences.
Legal rights of undocumented workers ensure that nobody remains behind in the event of an on-the-job injury. Being undocumented should not bar one from receiving treatment, making a claim, or upholding one’s rights. If you or somebody you know suffered an on-the-job injury, consult a Phoenix construction site accident attorney to learn more about your legal rights and get the assistance you deserve. Preserve your health and your future—your rights are important.