The law in Illinois doesn’t specifically say illegal workers are eligible for workers’ compensation benefits, but it doesn’t say that they aren’t. The language of the law is broad, and is pretty much interpreted to mean all employees.
Legal decisions on the issue tend to allow benefits to undocumented workers because the courts don’t want to reward employers for hiring illegal workers. If employees who were working illegally weren’t eligible, employers could save money because they wouldn’t be exposed to claims from those employees.
When it comes to death benefits for an employee who was killed on the job, illegal immigrants may receive less than those who were working legally. And if the case is disputed, meaning that the employer and insurer are fighting it, then being an illegal worker may become an issue, although you may still get benefits in the end.
Our guess is that most of the time illegal workers get benefits if they are injured on the job. Obviously, many do not come forward and seek benefits because they are afraid of possible consequences. We haven’t heard of workers getting in trouble with the government because they sought worker’s comp benefits. We can’t make any promises, but that’s the general trend we’ve seen.
We are workers’ compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
