Texas workers’ compensation and undocumented workers

On Behalf of | May 27, 2021 | Personal Injury

Many Texas employers are required to maintain workers compensation insurance coverage on their employees regardless of their immigration status. Some workers are actually undocumented for a variety of reasons, but those who choose to employ them still must be responsible for injuries incurred while on the job. While they may not be legal residents, they are still people performing job responsibilities and who deserve protection.

Workers’ comp coverage

While some employers skirt the law and do not comply with regulations designed to protect both them and their workers, most employers do actually provide this insurance coverage. When they do not, employers are still liable for employee injuries. Financial recovery in workers compensation claims is determined by the Texas Workers Compensation Commission, but standard personal injury lawsuits are filed in court.

Personal injury lawsuits

Workers compensation laws are structured as they are for a specific reason. First, it gives injured employees the right to quick medical attention when they are injured on the job using insurance coverage provided by the employer for payment of medical bills. Wage replacement is also a requirement until the injury heals to the point where a worker can return. In exchange for this immediate medical coverage, employees are restricted from standing to sue an employer for long-term general damages in a personal injury lawsuit. This also includes undocumented workers.

Undocumented workers should not be discouraged from seeking medical attention if they have been injured on the job regardless of employer position on a claim or their residential status. Undocumented U.S residents are entitled to injury protection just like other Texas residents. Always contact an experienced attorney for assistance with beginning the claim process and investigating the case for all avenues of financial recovery. A separate personal injury lawsuit can still be available if the injury was the result of the negligence of a non-employer third party.