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Undocumented and Injured at Work in Illinois: Can You File Worker’s Comp?

 Posted on July 29, 2025 in Immigration

IL immigration lawyerWhile immigration laws are federal, some states have their own immigration laws that can vary significantly from one state to another. Illinois tends to have immigration laws that are more beneficial for undocumented immigrants, including workers’ compensation laws. Getting injured on the job is stressful enough, but for undocumented workers in Illinois, it can feel like a legal and financial nightmare.

Many undocumented employees fear they will be fired, deported, or denied benefits if they report a workplace injury; however, Illinois law provides workers’ compensation protections regardless of immigration status. If you are undocumented and hurt on the job, you may still have a right to medical treatment, wage replacement, and more. It can be extremely beneficial to speak to a Bloomingdale, IL immigration lawyer.

Illinois Workers’ Compensation Basics

Workers’ compensation covers all Illinois workers, even undocumented workers. The Illinois Workers’ Compensation Act does not discriminate based on immigration status and does not exclude undocumented immigrants, ensuring that all workers in the state are entitled to the same benefits when injured at work.

An undocumented worker who is injured on the job is entitled to medical care, disability payments, and wage replacement, just like any other employee. The law further prohibits employers from retaliating against employees for filing workers’ compensation claims – a protection that extends to undocumented workers.

Common Fears Among Undocumented Workers When Injured on the Job

Undocumented immigrants may have many anxieties and fears related to filing a workers’ compensation claim after being injured on the job. These employees have the same right to file for workers’ compensation as any employee, yet the fears are real and include:

Deportation

Of course, this is the biggest fear that most undocumented immigrants may have regarding filing a workers’ compensation claim after being injured on the job. Even though citizenship status does not prevent pursuing a workers’ compensation claim, most undocumented immigrants have become accustomed to staying in the shadows and not causing any problems at their workplace for fear of deportation.

Employer Retaliation

Some employers may even threaten to report undocumented workers to ICE if they file a workers’ compensation claim or even if they complain about workplace conditions or wages. An employer might terminate the employee without notice, withhold pay, force longer hours, or even expose the undocumented immigrant to hazardous work conditions in retaliation for filing a claim for workers’ compensation benefits. To be clear, this is illegal behavior on the part of the employer.

Difficulty Accessing Medical Care

Although undocumented workers do have a right to emergency and necessary medical care following a workplace injury, they may be hesitant to seek treatment due to fear of having their immigration status revealed or cost concerns.

Loss of Job and Income

Undocumented workers may be desperate to keep their jobs, even under unsafe conditions. It can be difficult to find employment as an undocumented immigrant, and with the necessity of supporting their families looming over them, many undocumented immigrants injured on the job will forego filing a workers’ compensation claim.

Challenges Navigating the Workers’ Compensation System

The process of filing a workers’ compensation claim can be complex. Language barriers and a lack of understanding of the legal system can make the process even more daunting.

Contact a DuPage County, IL Immigration Lawyer

Consulting with an experienced Naperville, IL immigration attorney from Mevorah & Giglio Law Offices can be one of the best steps you can take after a workplace injury. Your employer may claim that you were not a true employee, and it will be crucial to have injury documentation and witness accounts. Being undocumented does not have to mean being unprotected. Attorney Mevorah has been working for 40 years to protect your rights, your health, and your ability to move forward. Call 630-932-9100 to schedule a free consultation.

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