Employees working
for an employer covered by the Virginia Workers’ Compensation Act are entitled
to monetary benefits when a work-related injury causes a total loss of wage earning
capacity, such as where the worker is unable to return to his or her job
because of a temporary or permanent injury.
This applies equally to unauthorized or undocumented workers in the United States
However, the
Virginia General Assembly has made a policy decision that employers and
insurance companies are not required to pay partial loss of wages in cases
where the injured worker is “not eligible for lawful employment,” for example,
unauthorized or undocumented workers. Thus,
while unauthorized workers are not barred outright from coverage under the
Virginia Workers’ Compensation Act, they are barred from claiming and receiving
wage loss compensation once they have regained at least some work capacity
following their industrial accidents.
Therefore, when
you are discussing the adjudication of a workers’ compensation claim with the
attorney retained to represent your interests in defense of such a claim, make
sure your attorney is aware if there is any question of the immigration status
of the injured worker, and be sure to include all documentation you have
pertaining to the injured workers’ immigration status.
