Construction workers in Illinois face serious risks every day on the job. If you are undocumented and you were hurt at work, you may be wondering whether you can file for workers’ compensation in Illinois. The answer is yes. Under Illinois law, your immigration status does not prevent you from filing a workers’ comp claim. Can undocumented workers get workers comp Illinois? The Illinois Workers’ Compensation Act expressly covers you.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
Illinois Law Protects Undocumented Workers
The Illinois Workers’ Compensation Act defines “employee” broadly. Under 820 ILCS 305/1(b)(2), the Act covers “aliens, whether documented or undocumented, if legally employed under the laws of the state.” This language was added to make clear that immigration status is not a bar to compensation. If you were injured while working a job in Illinois, you are covered.
Illinois courts have confirmed this protection. In Economy Packing Co. v. Illinois Workers’ Compensation Commission, 387 Ill. App. 3d 283 (2008), the Illinois Appellate Court affirmed that an undocumented worker was entitled to workers’ compensation benefits. The court found that the employer could not use the worker’s immigration status as a reason to deny benefits. This ruling remains good law in Illinois.
What Benefits Can an Undocumented Worker Receive?
If you are an undocumented worker hurt on a construction site, you may be eligible for the same categories of benefits as any other injured worker in Illinois:
- Medical benefits — Your employer’s workers’ comp insurance must pay for reasonable and necessary medical care related to your injury.
- Temporary total disability (TTD) — If you cannot work while recovering, you may receive payments based on two-thirds of your average weekly wage.
- Permanent partial disability (PPD) — If your injury leaves you with a lasting impairment, you may receive a permanent disability award.
- Vocational rehabilitation — If you cannot return to your prior work, retraining assistance may be available in some cases.
The Illinois Workers’ Compensation Commission (IWCC) oversees all claims in the state. Your employer’s insurance carrier does not have the right to deny your claim simply because you are undocumented.
Retaliation Is Illegal Under Illinois Law
Some employers try to threaten or intimidate undocumented workers to stop them from filing workers’ comp claims. Under 820 ILCS 305/4(h), it is unlawful for an employer to retaliate against any employee for filing a workers’ compensation claim. This protection applies regardless of immigration status. Retaliation can include firing you, threatening to report you to immigration authorities, cutting your hours, or demoting you after you file a claim.
If your employer retaliates against you for filing a workers’ comp claim, you may have a separate legal claim against them. The Illinois Human Rights Act also provides protections against employer conduct that targets workers based on national origin.
Common Concerns About Filing a Claim
Many undocumented construction workers worry that filing a claim will lead to immigration consequences. Workers’ compensation proceedings in Illinois are handled by the IWCC, not federal immigration authorities. An attorney can advise you about the specific risks and protections in your situation.
Another concern workers raise is whether their employer will know they filed. In Illinois, the workers’ comp process involves your employer’s insurance carrier, not a public criminal proceeding. The IWCC’s dispute resolution process is civil and administrative in nature.
For a broader overview of your rights after a construction site accident, see our Illinois construction accident FAQs.
Steps to Take After a Workplace Injury
If you are an undocumented worker hurt on a construction site in Illinois, the steps you take immediately after the injury matter:
- Report the injury to your employer or supervisor right away. Illinois law requires notice within 45 days of the accident (820 ILCS 305/6).
- Get medical treatment. Your employer must authorize medical care or you may seek emergency treatment.
- Document what happened. Keep records of the accident, your injuries, medical visits, and any communications with your employer.
- Do not sign anything from your employer’s insurance company without first speaking to an attorney.
There is a three-year statute of limitations for filing a workers’ comp claim in Illinois (820 ILCS 305/6(d)), so it is important not to wait.
Talk to a Chicago Attorney — Free Consultation
Phillips Law Offices represents injured construction workers across Illinois, including undocumented workers. If you were hurt on the job and are unsure of your rights, our team can review your situation at no charge. You do not have to navigate the workers’ comp system alone.
Call us at (312) 346-4262 or visit our contact page to schedule a free consultation. Attorney review of your specific circumstances is always recommended before taking any legal steps.