Several different types of visas allow a person to temporarily live and work in the United States. These include work visas, student visas, and tourist visas. Each type of visa has different eligibility requirements and restrictions.
One common question that we are asked at our law firm is whether a person on a temporary visa can file a workplace injury claim. The answer to this question is yes! But the damage provided could depend on several factors, including the type of visa that the person holds.
This article will explain everything you need to know about workplace injury claims for temporary visa holders in the United States.
What are the Requirements for Filing a Workplace Injury Claim?
To file a workplace injury claim in the United States, you must be a “covered employee” under federal workers’ compensation laws. These laws are designed to benefit employees injured or ill due to their job.
To be a covered employee, you must work in the United States on a valid work visa. It would help if a company covered by the workers’ compensation laws employed you. In most cases, this company will have at least 15 employees.
If you meet these requirements, you will be eligible to file a claim for workers’ compensation benefits. These benefits can include medical expenses, income replacement, and death benefits.
What If I am Not a Covered Employee?
You will not be eligible to file a claim for workers’ compensation benefits if you are not a covered employee. However, you may still be able to recover compensation for your injuries by filing a personal injury lawsuit against your employer.
To succeed in a personal injury lawsuit, you must prove that your employer was at fault for your injuries. This can be difficult, especially if you are not a covered employee.
How Does a Person’s Immigration Status Affect their Ability to File a Claim?
It is important to note that your immigration status does not affect your ability to file a claim for workers’ compensation benefits. Whether you are a legal permanent resident or a temporary visa holder, you will be treated the same under the law.
However, there are some exceptions to this rule. If you work in the United States on a tourist visa, you may not be eligible for workers’ compensation benefits. This is because tourist visa holders are not allowed to work in the United States.
What are Some Common Obstacles that Temporary Visa Holders Face when Filing a Workplace Injury Claim?
The language barrier is one of the biggest obstacles temporary visa holders face when filing a workplace injury claim. It can be tough to communicate with your employer, file the necessary paperwork, and navigate the workers’ compensation system if you do not speak English.
Another common obstacle is the fear of deportation. Many temporary visa holders are afraid to file a claim for fear of losing their visa or being deported. However, it is essential to know that your immigration status cannot be adversely affected by filing a claim for workers’ compensation benefits.
How Can an Attorney help a Temporary Visa Holder with a Workplace Injury Claim?
An experienced workers’ compensation attorney can help a temporary visa holder with a workplace injury claim in many ways. First, the attorney can help ensure the claim is filed correctly and on time.
Second, the attorney can help to navigate the workers’ compensation system, which can be very confusing.
Third, the attorney can help to protect your rights as a temporary visa holder throughout the process.
If you are a temporary visa holder and have been injured at work, you should contact an experienced workers’ compensation attorney today.
A temporary visa holder in America can file a workplace injury claim. If you are a temporary visa holder and have been injured at work, you should contact Gaylord and Nantais Attorneys at Law At (562) 561-2669 We will be able to help you through the process and ensure that you are fairly compensated for your injuries.