Undocumented workers eligible for workers comp benefits, just not ALL benefits

April 16, 2008
Abrams Landau Injury Law

Under Virginia law, undocumented workers are eligible for most, but not all benefits. What are they eligible to receive under the law ?

Herndon/Reston Trial lawyer Doug Landau lists the following as some of the benefits such ABRAMS LANDAU clients are able to receive:

1. Temporary Total Disability (weekly wage loss)
2. Permanent Partial Disability (for a permanent partial disability % rating)
3. Medical Bill coverage (100%, with no deductible or limit)
4. Mileage and travel expenses to and from medical care (including parking, tolls)
5. Prescription medications (100%, with no deductible or limit)
6. Durable Medical Goods (i.e., wheelchairs, braces)
7. Home improvements (up to the $50,000 statutory limit for safety railing, handicap accessible ramps, toilet, bath, etc.)
8. Cost of Living Adjustments to their Temporary Total Disability checks
9. The Free services of the Ombudsman’s Mediation services
10. Statutory Prerequisites (i.e., uniform allowance, food, lodging, travel, etc.)

Undocumented workers are NOT able to get:

A. Temporary Partial Disability benefits (partial wage loss), since they cannot legally market their remaining physical ability because they are very often not legal to work in the United States.