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Can Day Laborers Get Workers’ Compensation?

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The U.S. Bureau of Labor Statistics puts the current labor force at over 168 million. In a perfect world, those millions of workers are all well-paid and protected in safe working conditions. Unfortunately, despite the best efforts of a responsible employer, accidents happen, and workers get injured. Workers’ compensation insurance is designed to help cover medical expenses and lost wages when that occurs. Do those same workers’ compensation protections apply to day laborers?

Every state except Texas compels businesses to carry workers’ compensation insurance. Each state has its own version of workers’ compensation insurance regulations and limitations. However, when it comes to the issue of day laborers, things get complicated.

Day Laborers Versus Full-Time Employees

A full-time employee is someone who is working under a contract where their pay is taxed. They can expect a range of benefits, including workers’ compensation coverage. A day laborer is someone who is hired as a temporary employee. They could work for literally just a day or for the duration of a special project. Many day laborers are also undocumented workers, and that is where the complications arise.

The Center Foundation finds that 2.1 million U.S. construction workers are illegally misclassified. Some employers utilize this practice to skirt regulations regarding taxes, unemployment insurance, and workers’ compensation. However, construction work is considered to be a dangerous occupation, and many accidents requiring workers’ compensation occur.

The other factor that dominates the day laborer issue is that many of these workers are undocumented. That puts a target on employers who aren’t supposed to be hiring these types of workers unless they have a work permit.

The online news outlet, The City, recently reported on a situation where two undocumented laborers were injured on a construction job in New York City and were told by their supervisor to get medical treatment, but not to mention it was a workplace accident. This type of behavior is the reason for a new Department of Homeland Security process to support labor investigations. This program makes filing a complaint easier for any worker.

How does the undocumented laborer issue pertain to workers’ compensation? The answer depends on the state.

The California Model

As mentioned above, the 49 states that compel employers to carry workers’ compensation insurance also set their regulations for whom that coverage applies. In California, for example, California Code, Labor Code – LAB § 1171.5 states that “All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.” That means that a day laborer working for a company with workers’ compensation is entitled to file a claim.

According to the New York State Workers’ Compensation Board, there’s a similar law that covers day laborers, and that includes undocumented workers.

Day Laborers’ Rights

Even though a day laborer is considered a temporary employee, they still have rights as a worker. It is the obligation of every employer to provide the following rights:

Right To Organize

Day laborers join full-time employees to organize at a job site with the goal of improving working conditions.

Right To Fair Pay

A day laborer who is also an undocumented worker has the right to receive the minimum wage and overtime that is set by the state, as outlined by the National Council of State Legislatures. They could also sue for back pay.

Right To Safety

Employers must provide a safe workplace and safety protections that follow federal and state guidelines.

When these rights are compromised, the worker has the right to seek compensation.

When Employers Deny a Workers’ Compensation Claim

Despite all the rules that are put in place, many employers ignore them. They believe that a day laborer or undocumented worker has no recourse to see a remedy. The truth is that workers do have the right to sue employers who deny a workers’ compensation claim. A skilled attorney will know the laws and the type of evidence to gather to make the case. Fear of losing a job should not keep a worker from getting what they are owed.

Free Consultation

This website was created and is maintained by the legal team at Thomas Law Offices. Our attorneys are experienced in a wide variety of personal injury and work injury cases and represent clients on a nationwide level. Call us or fill out the form to the right to tell us about your potential case. We will get back to you as quickly as possible.