Compensation Laws Regarding Undocumented Workers

In Kansas, undocumented workers may be entitled to receive workers’ compensation.  States such as Georgia, Ohio, Oklahoma and six other states have ordered that employees cannot be deprived of workman’s compensation just because they are undocumented or illegal workers.  Some states go as far as to have laws that ensure the rights of undocumented workers. The court rules that these employees are covered by workman’s comp if they are hurt at work.

Kansas’s employers have been shocked to find that people they have hired were not truthful when filling out paperwork. Immigrant employees have been known to falsify I-9 documents. These false papers are usually discovered if or when an employee is hurt at work and file a claim for workman’s comp.

The documents are presented before the court and their legitimacy is questioned. Hiring undocumented workers knowingly is illegal. Many times that this happens because the documents are false, and employers are not aware of what they have done until it is too late. It is also illegal to continue to employee an illegal immigrant, so these people are let go.

According to the Fair labor Standards Act, these employees are still legally entitled to workman’s comp. Undocumented workers can also be entitled to receive back wages and overtime wages. Hiring undocumented working is something to be aware of and concerned about. Not everyone is honest and people need jobs. This can lead people to do things they would not normally do.

Over three million illegal immigrants are living in Texas and California alone. This is why employers need to arm themselves if this sort of workman’s comp case comes to be. Finding a lawyer that specializes in workman’s comp cases is one way to start.

It is extremely important to find the right lawyer for you. Michael R. Lawless, P.A., Attorney at Law is knowledgeable in workman’s comp cases as well as the laws that surround them. His law firm provides a free consultation, including evenings and weekends by appointment, at our Lenexa, Kansas or Grandview, Missouri offices.

The office in Lenexa is off of I-35 from 87th or 95th in Old Town at 93rd and Pflumm. The Grandview office is conveniently located at the main street exit off of 71 Highway, next to Captain D’s. To get started down the right track, you can call today at 1-800-734-3771, 913-681-5566 or 816-966-0099 to set up an appointment.