Is U.S. Citizenship Required to Receive Worker’s Compensation?

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The worker’s compensation program was developed in order to provide financial assistance to employees that are injured while on the job. The idea behind it was that an employee would not have been injured unless he or she was performing that job and therefore it is the employing company that should pay for any necessary medical expenses. Worker’s compensation is a right afforded to all employees, but does that mean that it applies to workers that are not United States citizens?

Even if you are not a U.S. citizen, you still have just as much right to worker’s compensation as those that are. Although the exact nature of worker’s compensation coverage and laws vary from state to state, across the board the right is still extended to those that are not citizens. The only requirement to receive worker’s compensation is that you were performing a work-related task and sustained an injury that required medical attention.

That being said, according to most states, you must indeed be allowed to work in the United States. This usually involves either having a green card or being a permanent resident of the United States while not actually being a citizen. There is no stipulation of needing to acquire citizenship if you fall into either of these categories, so green card holders and all permanent residents are covered.

The law is on your side if you are injured while on the job in these circumstances and if your employer tries to tell you otherwise, you may have grounds to file a worker’s compensation lawsuit in order to receive the benefits that you deserve. To schedule a free consultation with us at the Franco Law Firm, please call us at (813) 872-0929. We would be happy to review your options with you and determine what the best course of action might be in your case.