You don’t need a visa, citizenship, or legal status to qualify for workers’ compensation.
In Rhode Island, almost every business that employs more than one person is legally required to purchase and maintain a workers’ compensation insurance policy. If you’re injured on the job, your employer’s policy can provide benefits like the repayment of your medical expenses and the replacement of lost income. These benefits are not dependent on your legal status, and you cannot be denied coverage just because you are in the United States without the correct visa.
Read more to learn about your right to access workers’ compensation as a person without legal status, or contact Kirshenbaum & Kirshenbaum, Attorneys at Law, to schedule your free consultation and begin reclaiming your financial independence.
Understanding Your Right to Workers’ Compensation Benefits
If you’re an undocumented immigrant or were working on a visa that doesn’t typically permit employment, getting help after a serious accident isn’t always easy. Even citizens don’t always understand Rhode Island’s workers’ compensation laws—and they, at least, don’t have to worry about getting detained or deported. However, Rhode Island has a very long history of standing up for injured workers, no matter whether they were born and raised in Providence or took big risks to give themselves and their families a better life.
Here's what you need to know about whether your legal status could affect your claim and how you can get started on filing your own claim today.
An Overview of Rhode Island Workers’ Compensation Benefits
Workers’ compensation is a type of no-fault insurance that protects employees injured on the job. Depending on the circumstances of your accident and the severity of your injuries, you could receive benefits including, but not limited to, the following:
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Repayment of your medical expenses and hospital bills
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Reimbursement for physical rehabilitation and therapy
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Income replacement up to 75% of your weekly base wages
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Compensation for partial or total disability benefits
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Compensation for temporary or permanent disability
Your workers’ compensation benefits are subject to caps and exclusions, but you can usually obtain benefits so long as your injuries keep you from returning to work. This could be for several days, weeks, or months or for the remainder of your life.
Why Your Legal Status Can’t Be Used Against You in Workers’ Compensation Claims
Rhode Island law has a straightforward definition of who can and cannot obtain workers’ compensation benefits. Under R.I. Gen. Laws § 28-29-1 et seq., only certain types of businesses are required to purchase workers’ compensation policies, and only certain types of employees are entitled to receive payments.
However, none of these laws permit employers, insurance companies, or courts to consider your legal status when determining whether you should receive benefits.
If you’d be entitled to receive workers’ compensation as a citizen, a permanent resident, or a guest worker, you’re entitled to receive workers’ compensation as an undocumented immigrant. The Supreme Court of Rhode Island has explicitly said that factors like legal status and method of entry to the United States cannot be used to reject a claim for workers’ compensation.
How to File a Claim as an Undocumented Worker
If you’re an undocumented worker, you have all of the same rights to workers’ compensation benefits as your native-born colleagues. However, obtaining benefits almost always means taking the lead, filing a report, and preparing to negotiate with your employer’s insurance adjuster. If you don’t make the first move, you might not receive any compensation—and if enough time goes by, you could lose your right to file.
Although every workers’ compensation claim is different, most successful claims look like this:
- You notify your employer that you have been injured on the job. You must do this within 30 days of the date of your injury.
- Your employer must promptly submit a “First Report of Injury” form to the Rhode Island Department of Labor and Training.
- If you’ve been hurt at work and need to take more than a few days away to recover, your employer must typically file a workers' compensation claim on your behalf.
- The insurance company may investigate to verify the severity of your injuries. This step in the process can be especially dangerous, as some insurance companies will resort to unfair tactics to save themselves from having to pay what they owe.
- Your claim will be approved or rejected. If it is rejected, you have a legal right to file an appeal.
Filing a workers’ compensation claim can be complicated. If you make a mistake or the insurance company refuses to listen to your side of the story, you may have to appeal.
You don’t have to risk your physical health or financial well-being: a work injury lawyer could help you complete your paperwork without mistakes and obtain the evidence you need to obtain benefits or win an appeal.