Every state except Texas requires employers of a certain size to carry workers’ compensation insurance. However, not all require coverage for injured undocumented workers.
See the other reasons your claim might not qualify.
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Workers Comp Coverage
Workers’ compensation pays for reasonable and necessary medical treatment for injuries incurred on the job — whether the result of an accident or a condition that develops gradually while doing your job, like carpal tunnel. Benefits available through workers’ compensation may include:
- Medical treatment paid by your employer
- Temporary disability benefits for the time you’re away from the job because of your injury, or permanent disability benefits if you’re unable to return to work
- Compensation for families of workers killed at work
Workers Comp for Undocumented Workers by State
This chart shows how each state approaches workers’ comp for injured undocumented workers.
| State | Coverage |
|---|---|
| Alabama | Yes |
| Alaska | Undecided |
| Arizona | Yes |
| Arkansas | Yes |
| California | Yes |
| Colorado | Yes |
| Connecticut | Yes |
| Delaware | Undecided* |
| Florida | Yes, but with some exceptions* |
| Georgia | Yes, if the undocumented person cannot return to work due to injury*; No, in cases when the alien cannot return to work because of their illegal immigration status, but not due to injury* |
| Hawaii | Yes |
| Idaho | Yes |
| Illinois | Yes |
| Indiana | Undecided* |
| Iowa | Yes |
| Kansas | Yes |
| Kentucky | Yes |
| Louisiana | Yes |
| Maine | Undecided* |
| Maryland | Yes |
| Massachusetts | Yes |
| Michigan | Yes for medical benefits, but not for temporary or permanent lost-wage payments* |
| Minnesota | Yes |
| Mississippi | Yes |
| Missouri | Undecided |
| Montana | Yes |
| Nebraska | Yes, No but solely for vocational rehabilitation benefits (if applicable)* |
| Nevada | Yes* |
| New Hampshire | Yes* |
| New Jersey | Yes |
| New Mexico | Yes |
| New York | Yes |
| North Carolina | Yes* |
| North Dakota | Yes |
| Ohio | Yes |
| Oklahoma | Yes |
| Oregon | Yes |
| Pennsylvania | Yes |
| Rhode Island | Undecided* |
| South Carolina | Yes |
| South Dakota | Undecided |
| Tennessee | Yes |
| Texas | Yes |
| Utah | Yes |
| Vermont | Undecided |
| Virginia | Yes |
| Washington | Undecided |
| West Virginia | Undecided |
| Wisconsin | Yes |
| Wyoming | No |
| * Special conditions apply. Check with an attorney about your eligibility. | |
Even if your state does offer coverage, it’s smart to check with an attorney specializing in workers’ compensation to verify that you’ve got a valid claim and the ability to make one. In fact, all attorneys in the LegalASAP network will meet with you free of charge to discuss your options.
Ready to see if you may qualify? Complete your free online workers’ compensation case evaluation now!
Margot Lester
Margot Lester is the CEO ofThe Word Factory,a content marketing agency based in North Carolina that provides services for international healthcare brands, tech companies and SaaS developers. An award-winning business and brand journalist, she writes for daily and weekly newspapers and business journals, national magazines, in-flight publications and leading websites. Margot is also an in-demand writing coachand organizational communications trainer,helping individuals and teams write more effectively. LinkedIn:linkedin.com/in/margotlester.
