Workers’ Comp. for Undocumented Workers in Colorado: Rights & Challenges

According to the American Immigration Council, undocumented migrants make up a significant portion of Colorado’s workforce. Colorado’s productivity would undoubtedly suffer without these hard-working individuals. But what happens when one of these undocumented workers gets hurt on the job? As numerous past accidents highlight, “alien workers” often find themselves in the most dangerous and challenging roles. If you have suffered a Colorado workplace injury as an undocumented migrant, contact a workers’ compensation lawyer for further guidance.

Hiring Undocumented Workers is Illegal in the United States

First and foremost, it is important to recognize that hiring undocumented migrants is always illegal in the United States. While individual states may have extremely lenient policies on this subject, the practice remains unlawful on a federal level. In other words, your employer was breaking the law if they hired you as an undocumented migrant.

Undocumented Workers Still Get Workers’ Compensation in Colorado

Although worrying about whether you can claim workers’ comp as an undocumented migrant in Colorado is understandable, these fears are mostly unfounded. Why? Because Colorado’s laws specifically state that undocumented migrants are still eligible for workers’ compensation. As it stands, the laws make zero distinction between legal workers and illegal workers. You may have been hired illegally, but you are still protected by workers’ compensation.

What if My Employer Tries to Avoid Paying Me Because I am Undocumented?

If employers and insurers attempt to avoid compensating injured undocumented migrants, they may face serious consequences. At the very least, these strategies are almost guaranteed to be unsuccessful. The most they can hope for is to stall the workers’ compensation process through needless litigation and appeals. When faced with these delays, judges in Colorado often make their impatience very clear.

Do not dismiss the possibility of a workers’ compensation claim just because you are here illegally. You may be surprised to hear just how easy it can be to receive compensation for your injuries. Because of Colorado’s lack of distinction between lawful and unlawful workers, you can receive exactly the same workers’ comp benefits as a US citizen. These include compensation for missed wages, medical expenses and permanent injuries.

In addition, families of deceased undocumented workers can pursue death benefits through the workers’ compensation system. Death benefits are possible even if the deceased worker and their family were undocumented migrants at the time of the accident. These benefits can be quite lucrative, covering lost wages, unpaid medical bills, funeral expenses, and ongoing wage benefits for the surviving dependents (wife or husband and children).

If your employer or their insurer attempts to avoid payment because you are an undocumented worker, ask them to express their arguments in writing. Do not attempt to communicate with them in person or by phone. Get in touch with a workers’ compensation lawyer in Colorado and follow their instructions. Your lawyer will help you follow the required steps after a workplace accident – including filling out various forms and making official injury reports.

Why are Undocumented Migrants Eligible for Workers’ Compensation in Colorado?

You might be wondering why Colorado offers you coverage under workers’ compensation. How does this make sense from an economic/political standpoint? Although it might sound too good to be true, there is at least some logic behind this approach.

On one side, people might argue that undocumented migrants should not get to benefit from a system specifically designed to protect American workers. On the other hand, various parties have argued that without these protections, Colorado employers could potentially employ undocumented migrants specifically to avoid paying for workers’ compensation insurance.

Note that this is exactly what many employers do in Colorado. In the eyes of lawmakers, these employers reap what they sow when their undocumented workers become injured on the job. The logic is that if these employers break the law by hiring undocumented migrants, this crime should not protect them against the financial consequences of unsafe workplaces. If Colorado did not offer workers’ compensation to undocumented migrants, the state would essentially be rewarding criminal behavior.

Contact The Law Offices of W. Dan Mahoney, P.C. Today

If you would like to pursue compensation for your workplace injury in Colorado, contact The Law Offices of W. Dan Mahoney, P.C., at your earliest convenience. Even if you are an undocumented migrant, you still have rights in Colorado. Perhaps more importantly, your employers are not allowed to use your undocumented status to avoid their legal responsibilities – and they may face serious consequences for attempting this strategy. Regardless of what your employer might have told you, you are likely eligible for workers’ compensation. Reach out today to review your legal options in more detail.

Category:

• WORKERS' COMPENSATION