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Can undocumented workers file for compensation? 

On Behalf of | Jul 1, 2025 | Workers' Compensation

Getting injured on the job can be scary for anyone, but if you are undocumented, the fear can feel ten times worse. You might worry about losing your job, being reported or simply not being believed. Still, if you are hurt at work, you deserve support. 

In many cases, workers’ compensation laws do not focus on your immigration background. Instead, they focus on whether you were working when the injury happened. That means even if you do not have legal papers, you could still qualify for medical care and wage support. 

What you need to know (even if you are undocumented) 

It is easy to feel stuck after an injury, especially when you are unsure where you stand. But here are a few key things that might help you move forward: 

  • Workers’ compensation covers all workers, not just citizens: In many places, if you are working, whether you are on payroll or paid in cash, you may be protected under workers’ comp laws. 
  • Your employer should not threaten you over status: Some employers use fear as a tool, hoping you will stay quiet. But retaliation for reporting an injury is often illegal. 
  • You do not need a Social Security number to start a claim: While some forms ask for it, there are other ways to document your injury and employment. 
  • Getting help does not mean risking everything: Filing a claim is usually handled at the state level. Immigration status is not always part of that process. 

While these protections exist, the process can still feel overwhelming, as not all employers follow the law. If you are unsure of your next step, it helps to talk to a legal practitioner because they understand the system better. They will hold your hand throughout the process and help figure out the next move.