Workers’ Compensation for Undocumented Workers in Delaware
At Silverman, McDonald & Friedman, we are here to help clients obtain the compensation they are entitled to after they have been injured at work. Contact us for a no-obligation consultation today at one of our offices in Seaford, Newark or Wilmington, and find out how we can help you.
There are about 50,000 undocumented immigrants who are living and working and contributing to the economy and culture of Delaware, according to the Department of Homeland Security (DHS). In Delaware, employers are not required to use E-Verify for checking employee’s immigration status. The chances are good that at some point, some of those undocumented workers are going to suffer an injury or develop an occupational illness.
Despite the existence of The Immigration Reform and Control Act (IRCA), which is a federal law requiring employers to verify that an employee is legally eligible for employment in the United States, under Delaware law, undocumented workers may still be eligible to collect workers’ compensation when they are injured at work. In 2014, the Delaware Supreme Court ruled that undocumented workers may collect workers’ compensation benefits under 19 Del. Code Section 2325. In Jose Campos vs. Daisy Construction Company, the Court ruled in favor of the injured worker and ordered the employer, Daisy Construction Company, to continue to provide partial disability payments to Mr. Campos for his workplace injury until his pre-accident working capacity was restored and he could return to the workforce.
The Delaware Supreme Court reversed the ruling of the Delaware Industrial Accident Board, which had said that Campos did not qualify for the disability payments because he did not have a valid Social Security number. The Court opinion said that employers cannot withhold employment benefits from undocumented workers. The Court also argued that if employers did not bear the full cost of workplace accidents, making the workplace less safe for all workers regardless of their immigration status.
Delaware workers may feel hesitant to assert their rights to fair compensation when they have been injured in a workplace accident, but there is no need to be concerned. Talk to an experienced Delaware workers compensation attorney from the law firm of Silverman, McDonald & Friedman today who can protect your rights to the disability benefits you deserve when you have been hurt at work.
If you get hurt at work or if you have contracted an occupational illness from exposure to harmful substances in the workplace, the experienced Delaware workers’ compensation lawyers at Silverman, McDonald & Friedman are here to make sure that you get the compensation you deserve when you have suffered an occupational injury. You are welcome to call us at 302-888-2900 or fill out our contact form to make a free appointment for a consultation with an experienced workers’ compensation attorney in Wilmington, Newark or Seaford today.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.