Typically, an injured workers status as an undocumented alien worker will not preclude him from receiving disability benefits under the Pennsylvania Workers’ Compensation Act. However, in situations where it is established that the injured worker/undocumented alien is capable of performing some work- even at the most sedentary level capacity- the employer is entitled to a suspension of wage loss benefits by reason of the injured worker’s undocumented status. Based upon the presumption that an undocumented alien cannot work in this country, the rationale behind this rule is that the injured worker’s loss of earning power is a result of his non-documented immigration status, not his work-related injury.
If you’ve suffered a work injury and have questions about your claim, contact me at [email protected] or call (570) 347-1011 for a free consultation.
