Carlos was in America on a work visa. Carlos worked during the summer for the Waterproof Roofing Company. Carlos would send two-thirds of his pay back to his wife in Mexico every payday. Carlos was a very hard worker but as fate would have it, Carlos fell from a roof he was working on as a result of a freak accident causing his death.

Question: Is Carlos’ wife in Mexico entitled to Workers’ Compensation benefits as a result of Carlos’ untimely death?

Answer: Alien widow’s, children and parents, not residents of the United States, are entitled to compensation but only to the amount of 50% of the compensation which would have been provided if they were residents of the United States. Since Mexico does provide compensation benefits for residents of the United States, this would hold true. If Mexico or any foreign country did not provide for this type of protection, then the injured worker’s relatives would have no benefits forthcoming.

If it was Carlos’ wife that was fatally injured and Carlos was living in Mexico, then Carlos would not be entitled to any benefits as alien widowers, and brothers and sisters who are not residents of the United States are never entitled to receive any compensation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.