Are undocumented workers entitled to workers' compensation benefits?

It has been established that a worker’s illegal alien status itself does not bar the disabled worker’s right to receive workers’ compensation benefits under the Georgia Workers’ Compensation Act. In the past, Employers have tried to argue that federal law preempts state law on the entitlement of illegal aliens to workers’ compensation benefits and have also invoked traditional contract principles to void the employment relationship.

 The Court of Appeals has explained that under the preemption doctrine Congress may express its intent to preempt state law (1) by expressly defining the extent of preemption; (2) by implied preemption, i.e. by regulating the area so pervasively that an intent to preempt the entire field may be inferred; or (3) by enacting a law that directly conflicts with state law. The Court of Appeals has found that none of the above criteria was met in the case because there is nothing in federal law barring illegal aliens from receiving workers’ compensation benefits. The Court of Appeals has also rejected contract arguments by finding that O.C.G.A. §34-9-1 provides that an employee includes “every person in the service of another under any contract of hire” and held that “every person” would necessary include illegal aliens.

While there are technical defenses to accidents involving undocumented workers, generally undocumented workers who are disabled as a result of a worker related injury are able to claim benefits.

If you have a question about workers' compensation disability  benefits or medical  benefits please call the law firm of Kenneth R. Croy and Associates in Marietta, Georgia for a free consultation.