Statutory inclusion of undocumented workers

There’s no question that undocumented workers are covered by North Carolina and South Carolina workers’ compensation laws.

Both North and South Carolina have laws that define a covered employee as any employed person “whether lawfully or unlawfully employed.”

Unethical employers might lie about these laws, so you won’t file for benefits, so you shouldn’t always take them at their word, but instead consult a work injury attorney. Although hiring undocumented workers is unlawful, these same employers are often eager to hire undocumented workers to take advantage of their status.

Workers’ compensation protection extends to most workers—undocumented or not

Let’s be clear: An undocumented worker has the same workers’ compensation rights as any other employee.

North Carolina requires most employers to carry workers’ compensation coverage and requires it for employers with 3 or more employees.

In North Carolina, workers’ compensation is a program of no-fault insurance. That means that if you’re injured on the job, you don’t have to prove your employer was at fault. Usually, your employer will purchase workers’ compensation. However, your employer can self-insure if they satisfy certain stringent requirements.

Employer obligations

North Carolina imposes penalties on employers who fail to provide the required workers’ compensation benefits.

The North Carolina Industrial Commission imposes a fine of $1 per employee per day on non-complying employers, but not less than $50 per day or more than $100 per day. So a non-complying employer faces a civil fine between $18,250 and $36,500 per year if they don’t carry workers’ compensation insurance for their employees, even if there are no workplace injuries.

If it’s found that an employer “willfully fails” to carry required coverage, they can also be charged with a Class H felony. An employer who simply “neglects” to provide required coverage can be charged with a Class 1 misdemeanor.

All of this means that if you work in North Carolina, your employer is likely to carry workers’ compensation insurance that entitles you to benefits if you’re injured at work.

Workers’ compensation benefits for injured workers

North Carolina laws provide workers’ compensation benefits, which include:

• Money for medical and rehabilitation treatments
• Weekly payments of up to two-thirds of your average weekly wage
• Partial and total disability benefits
• Compensation for amputation and disfigurement
• Death benefits, which are payable to your dependents

In North Carolina, you are required to see a physician who is authorized by a workers’ compensation administrator.

What to do if you are hurt at work as an undocumented worker

As soon as you experience an injury on the job, immediately consult an experienced workers’ compensation lawyer who can help you, while taking into account your immigration status.

You are required to file an accident report with your employer within 30 days of the accident. Before you do that, see a lawyer who can speak with you regarding any fears you may have of deportation or retaliation from your employer.

Your employer’s insurance company is prohibited from asking about your immigration status.

Your employer can fire you if they discover your immigration status. However, bear in mind that if an employer was previously aware of your status, they could be in trouble for violating certain laws if they report your status after you become injured.

Your lawyer can answer your questions and advise you of your rights and risks associated with filing a claim. Please do not give up on filing a claim before getting valuable advice from a qualified lawyer. You are entitled to the same rights as any other employee.