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Do undocumented workers qualify for workers’ comp in PA?

On Behalf of | Jun 16, 2023 | Firm News |

The topic of workers’ compensation for undocumented workers often sparks intense debate in many states. In Pennsylvania, the issue is no different.

Pennsylvania is home to a large number of undocumented workers who contribute to various sectors of the economy. It is important, therefore, to understand their rights, especially concerning workplace injuries.

Workers’ compensation is a right for undocumented workers

In Pennsylvania, all workers, regardless of their immigration status, can receive workers’ compensation. This includes undocumented workers. The Pennsylvania Workers’ Compensation Act does not discriminate between workers based on their immigration status. It holds that any employee who suffers a work-related injury while employed in Pennsylvania has the right to workers’ compensation.

Courts uphold this right

Pennsylvania courts strive to uphold the rights of undocumented workers to receive workers’ compensation. They have affirmed that the Act does not differentiate between workers based on their immigration status. Thus, even undocumented workers can claim compensation if they get injured while working.

Challenges for undocumented workers

While undocumented workers have the right to workers’ compensation, they often face significant challenges in claiming it. Fear of deportation and lack of knowledge about their rights can deter undocumented workers from filing a claim. Despite these hurdles, it is important for these workers to know that they have legal protection if they suffer a work-related injury.

Undocumented workers in Pennsylvania have the right to workers’ compensation if they suffer a work-related injury. Despite the challenges they may face in asserting this right, the law is clear on this issue.