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30 07 2008

Do I Have a Workers’ Compensation Claim if I am an Undocumented Day Laborer?

Posted by: Doug in Workers Compensation

Yes, possibly.  Although some day laborers may be unauthorized to work in the United States, in the event of a work related accident “arising out of and in the course and scope of employment,” an undocumented day laborer may collect workers’ compensation benefits.  In other words, the fact that the worker is in the United States illegally does not prevent him from seeking and collecting workers’ compensation benefits.  The workers’ compensation benefits may include payment of reasonable and related medical bills and two-thirds of the workers average weekly wage as well as payment for any permanent partial disability. 

            The team at ABRAMS LANDAU represents undocumented day laborers and helps them obtain the workers’ compensation benefits they deserve. Doug Landau represented Daniel Lopez, an undocumented day laborer picked up at a 7-11 store to do some carpentry work.  After being ordered to clean an aluminum gutter used to empty the cement from a cement truck, Daniel slipped and fell.  A chute fell on his right hand, breaking his finger

            The insurance company denied Daniel’s workers’ compensation claim.  They said he was not an employee.  The also said he was not legal and that he was not entitled to any benefits.  The ABRAMS LANDAU team fought to help him and took the case to court.  Even after the employer highlighted Daniel’s undocumented status at the Virginia Workers’ Compensation hearing, Doug Landau won Sr. Lopez’s claim.  The Workers Compensation judge awarded the injured worker his total wage loss benefits, his medical bills and certain out of pocket expenses.

            Although this case occurred in Virginia, undocumented day laborers in DC, MD and Virginia are protected by their state’s workers’ compensation laws.  If you are an undocumented day laborer and have a work related accident contact the ABRAMS LANDAU team  at 703-796-9555 (www.LandauInjuryLaw.com) to help you get your workers compensation benefits.    

This entry was posted on Wednesday, July 30th, 2008 at 2:46 pm and is filed under Workers Compensation. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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Douglas K.W. Landau is admitted to practice in DC, VA, CT, FL, and NJ. Abrams Landau services clients in Washington DC, Pennsylvania, PA, Maryland, MD, Virginia, VA (including Northern Virginia, Fairfax county, Loudoun county, Herndon, Reston, and more), Connecticut, CT, Georgia, GA, Florida, FL, New Hampshire, NH, New York, NY, New Jersey, NJ, Maine, Massachusetts, MA, Rhode Island, RI, North Carolina, NC, and South Carolina, SC.

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