Herndon Lawyer Doug Landau recently advised several experienced comp attorneys that when an injured worker is “undocumented,” then he or she cannot receive disability benefits during partial disability.  Virginia Trial Lawyer Landau explains that an undocumented worker CAN get a weekly benefits check while on TOTAL Disability.  Furthermore, the Landau Law Shop’s founder pointed out that they CAN get checks for PERMANENCY to specific parts of the body. 

But, Landau added, undocumented workers cannot get wage loss compensation once released to light duty work by the doctor.  This is because they cannot legally “Market their remaining work capacity.”  Herndon Trial Lawyer Doug Landau explains that since they cannot “Legally Market” the wage loss is due to their status, rather than their injury.  That is why insurance companies will not spend the money to re-train, vocationally rehabilitate, educate or even attempt to place undocumented workers.  The Workers Compensation Trial Team at Abrams Landau counsels it is important to have an “off work” note from the doctor in order to get comp benefits.  Once released to light duty work, it is vital that undocumented workers find employment that they can do without making their condition worse, because they will not receive a comp check once released, even though their employer paid FULL PREMIUMS to the Insurance Company. 

Herndon Lawyer Doug Landau has yet to see an insurance company refund an employer when it turned out they did not have to pay full benefits because of the worker’s immigration status !