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Can Illegal Immigrants in New Jersey File For Workers’ Compensation?

On Behalf of | Jul 10, 2014 | Common Immigration Questions and Problems |

One of the more pressing concerns that some undocumented or illegal aliens in New Jersey have is whether they may pursue workers compensation claims. Many people are understandably concerned that due to defects or problems in their immigration status, they are not entitled to file or claim benefits. According to our friends at Levinson, Axelrod (a prominent Plaintiffs’ Personal Injury Firm in New Jersey) this is not necessarily true.

ARE YOU ENTITLED TO BENEFITS IF YOU ARE HURT ON THE JOB? YES.

In New Jersey, a worker who injured on the job is entitled to workers’ compensation benefits. This includes temporary disability benefits while you are unable to work, payment of medical bills and an award of permanent/partial disability for your injury. All benefits are paid by the workers’ compensation insurance company that insures your employer. All employers in New Jersey are required to have worker’s compensation insurance.

ARE YOU ENTITLED TO LOST WAGE BENEFITS? YES

While you are unable to work because of your injuries, you will receive up to 70% of your average gross weekly wages as long as the doctor authorized to treat you keeps you out of work

WILL YOUR MEDICAL BILLS BE PAID? YES

You are entitled to payment of the medical expenses for your treatment including hospital bills, doctor’s bills and medications. In order to receive this benefit, your treatment must be authorized and approved by the workers’ compensation insurance company.

WILL YOU RECEIVE AN AWARD FOR YOU INJURY? YES

When you are finished with your medical treatment, you are entitled to an award of money for your injury. The amount of the award depends upon the nature and extent of your permanent injury.

ARE UNDOCUMENTED IMMIGRANTS ENTITLED TO THESE BENEFITS? YES

You do not have to be a citizen or permanent resident to receive workers’ compensation benefits. You may receive worker’s compensation even if you are undocumented or here illegally.

HOW DOES MY LAWYER GET PAID?

The judge of the workers’ compensation court sets the fees and costs. This cannot be more than 20% of your injury award. Usually, the insurance company pays the greatest portion of the lawyer’s fee. If you do not recover an award, you do not have to pay your lawyer.

We hope that you have enjoyed this article and learned at least one new thing or tip that you may not have known. To keep informed about the latest developments in immigration law, please subscribe to our blog feed by clicking on the “Subscribe To This Blog’s Feed” button on the right. It is important to understand that the above is only general information and not legal advice. It does not create an attorney-client relationship nor should it be relied upon as legal advice. The law is extremely fact and circumstance sensitive. For an individual legal analysis of your specific legal case, please complete the “Case Evaluation” box to the right of the screen to get in touch with one of our attorneys.

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