Don’t panic just yet. It’s common for people to assume that non-legal residents won’t receive the same workers’ compensation benefits or anything for that matter, but that’s not the case. In most circumstances, employees without a legal status are entitled to the same workers’ compensation benefits as legal citizens.
In North Carolina, workers’ compensation does not allow for any discrimination based on legal status in the United States. According to the North Carolina Workers’ Compensation Act,
“The term ‘employee’ means every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed…”
North Carolina courts take this matter very seriously, and have made their point in recent cases. In 1999, a non-legal citizenfrom Honduras was injured at his employer’s construction company in Raleigh. In the end, the courts agreed that despite being an illegal resident, he was entitled to the same benefits as any legal citizen. This is because, just like them, he was an active employee. Remember: if a company employs you, then they have agreed to pay workers’ compensation while you’re on the job. It doesn’t matter how the employment agreement was documented—you are covered for any injuries even if nothing was put in writing.
Before you breathe a sigh of relief, keep in mind that some employers and insurance companies may try to convince you otherwise, or try to settle your claim for much less than you’re entitled to. Some employers flat out lie just to avoid paying benefits. If this is happening to you, or if you know someone who is going through this tough situation, we suggest getting an attorney involved.
When it comes to workers’ compensation, every employer is equal. You have the right to receive benefits regardless of your legal status. If you’re having trouble collecting your settlement from your employer, or are in conflict due to your non-legal status, get in touch with a workers’ comp attorney immediately, such as the lawyers at The Workers’ Compensation Law Firm. Our team of attorneys have extensive knowledge and experience in situations like yours, and will stand behind you as we work through your case.
Don’t try to handle this on your own. We want to help! Contact us today to schedule a free consultation with one of our lawyers. Let’s get the benefits you deserve and protect your rights.
Our attorneys specialize in workman's comp, personal injury, and dispute resolution services.
We have have a long history of building long-term client relationships founded on trust and mutual respect.
With over 25 years of experience in civil litigation and thousands of cases mediated, Frank specializes in the fields of workers compensation and personal injury law.
Sherman is Licensed to Practice Law in North and South Carolina. He has extensive education in law and the mediation practice, professional experience and impressive memberships in many noteworthy political, civic and business organizations.
Ashley M. Edwards
Ashley is a NC attorney and certified mediator in North and South Carolina, Ashley has represented hundreds of clients and mediated thousands of cases for attorneys, insurance carriers and private companies.
“These guys are awesome and care about their clients very much. I would suggest anyone hurt on the job to contact them. Cannot express my appreciation enough to them!"
“Ashley Edwards genuinely cares about his clients and holds himself to the highest standards in all of his professional interactions. I am happy to recommend him to anyone who needs help navigating the workers compensation process."
“Ashley has been practicing compensation law in the greater Wilmington area for 15+ years. I have often turned to him for advice and counsel. He knows the law, is trustworthy, listens to his clients, and fights to do the right thing for them. He is my first call!"
“Mr Edwards made my case feel like it was his most important case. He is so caring and attentive."
“This was the first and only law firm I contacted after being injured. Everyone there has been on point concerning my case and extremely professional. I highly recommend contacting workers comp first if injured. It will be as if it's the most important case they have and they will not disappoint. Thank you to the entire team."
“Wonderful Experience under difficult circumstances. They helped me understand my rights and options under the law. Mr. Edwards took the time to help and meet with me whenever I had questions. He is highly recommended for his expert advice and service. "
“This is the place to go if you get hurt on the job Ashley and his paralegal Janet are really nice and super easy to talk to and they take the time to really listen to your problems and get you the help you need and deserve."
“They came out took out time to listen very smart he knows what he's talking about he heard me out and took my case under difficult sircumstances and i highly advise this is the law firm to consider."
“Sherman is one of the best mediators that I know---he is extremely proficient in Workers' Compensation Law and he is an outstanding communicator. I give Sherman my highest rating!"
“Great Experience with a caring lawyer who took the time to actually meet with me. He handled my case to the end and explained everything. Highly recommended."
“Ashley is very knowledgeable and relatable to his clients, to opposing counsel, and to all parties when acting as mediator. "
“Ashley didn't always tell me what I wanted to hear but he always told me the truth. He is very knowledgeable and professional... I would highly recommend Ashley if you feel the need to hire an attorney. "
Get in touch with our team for a free consultation.
Call (910) 341-3202 or complete the form on this page and we'll follow-up with you as soon as possible.