We got an inquiry from an injured worker recently with a unique question. We chose not to get involved with his case because he already has a great lawyer, but I thought the question was worth a post for anyone in a similar situation.
He was a foreign worker, legally working in the United States on a H-1B visa. Those are given to individuals with at least a college degree if not more education. It allows you to work here for up to six years at a wage similar to other workers in that area in professional jobs like engineering, mathematics, technology, medicine, etc. Although your employer can try to help you get a green card, once the six years are up, you are supposed to return to your home country for at least a year.
While these are not typically dangerous jobs, workers in every field get injured every day. You can have a cushy desk job, but still slip on a wet floor walking to the bathroom, hurt your back or shoulder when lifting a box, get into a car accident while traveling to a client site or in any other way imaginable.
Although these workers are not citizens, they have the same rights and protections under the Illinois Workers’ Compensation Act as anyone else. They also have unique challenges. The number one being that if their visa expires, they aren’t supposed to stay in the country.
So what do you do if your visa expires and you leave? Can you still get work comp benefits?
The answer is yes, but it can be tricky. You can get medical care in your home country or another country. Getting those medical records certified isn’t always easy and may require an agreement between all parties that they are authentic. If your case is going to trial and we need to take a deposition of your doctor, it would have to be because you have a big injury. Otherwise you are paying your lawyer to go to another country for the deposition which could be a huge expense. One exception would be if it makes sense to take it over Zoom. That’s done on a case by case basis.
If you can’t work, you should continue to get TTD benefits. The biggest issue might be that you might not be able to make it back into the country for a trial. If that happens you might have to wait until you are eligible to come back here or testify via WebEx which is the Zoom like program the Illinois Workers’ Compensation Commission uses. Again, what makes sense is decided on a case by case basis.
Most workers don’t end up having to leave the country, but it happens and it’s often the smart/safe move if you want to come back here some day legally. Note, I know next to nothing about Immigration law and if you are in this situation, I HIGHLY recommend you consult with an attorney who focuses on that field.
But the bottom line is that if you are on a H-1B visa in Illinois and get injured, you are entitled to work comp benefits and that includes a tax free settlement when you are all better.
