Fact Checked In Wisconsin, thousands of undocumented workers contribute to industries such as construction, agriculture, manufacturing and service work. Many of these jobs often involve physical labor and are associated with a high risk of injury.
When an undocumented worker is hurt on the job, they may understandably wonder whether they are entitled to receive workers’ compensation benefits. Regardless of immigration status, Wisconsin law provides important protections for all workers, and that includes those who do not have legal documentation.
Wisconsin’s workers’ compensation does not discriminate
Workers’ compensation is designed to ensure that employees injured in the course of their employment can receive medical care and wage replacement without needing to prove fault. In Wisconsin, the law focuses on the employer-employee relationship, not on immigration status. This means that undocumented workers are generally entitled to the same benefits as any other employee, including coverage for medical treatment, temporary disability payments and compensation for permanent injuries. Employers cannot use a worker’s immigration status as an excuse to deny benefits.
With that said, it is important to acknowledge that undocumented workers may face unique challenges when filing claims. Some employers may try to intimidate workers into silence by threatening to report them to immigration authorities. Others may misrepresent the law, insisting that undocumented workers are not eligible for benefits. These tactics are unlawful, but they can create fear and discourage workers from asserting their rights. Thankfully, seeking experienced legal guidance can make a significant difference under these kinds of challenging circumstances.
It is also important to recognize that while undocumented workers can receive workers’ compensation, their immigration status may affect certain benefits, particularly those related to future employment or vocational rehabilitation. For example, if an injured worker cannot return to their prior job, retraining benefits may be more difficult to access (as undocumented workers are ineligible for benefits through the state Division of Vocational Rehabilitation). These limitations highlight why pursuing access to all workers’ compensation benefits that an employee is rightfully owed can be particularly important for undocumented workers from the start.
