In many states, an undocumented worker who is hurt on the job is still entitled to workers’ compensation benefits, even though he or she should not have been employed in the first place. This is an important consideration for employers, since there are an estimated 3 million undocumented immigrants in California and Texas alone.
Many employers have had the unnerving experience of having an injured employee file for workers’ comp, only to learn that the employee was an illegal immigrant. Usually, the employee presented convincing fake documents at the time of hiring. However, often during the course of medical treatment or workers’ comp proceedings, the employee is revealed as an illegal immigrant who is not authorized to work in the U.S.