What Happens if I Get Injured or Sick While in the United States?
- Medical providers must provide emergency services, regardless of immigration status.
- Employers carry workers’ compensation insurance to cover your medical and transportation costs, related to injuries, illness, or death caused by conditions at work, regardless of your immigration status.
- Community and migrant health centers or public benefit programs may also provide free or low-cost health services. Please visit Public Benefits and Farmworker Service Providers and Common Visitors for more information.
- For non-emergency, non-work-related health services, you will need to pay out-of-pocket if you do not have health insurance.
Workers’ Compensation
Workers’ compensation is a no-fault insurance program that requires most employers to pay employees for work-related injuries. This insurance program covers work-related injuries, illnesses, or death.
Payments can cover the following:
- medical treatment;
- permanent/partial loss damages;
- wage loss;
- vocational rehabilitation;
- burial expenses;
- death benefits for survivors; and/or
- permanent disabilities.
Workers Rights Under Workers Compensation
If you receive an injury at work which requires medical attention and which lasts for more than seven consecutive days, you have the right to:
- Receive medical care that is paid for by your employer’s worker’s compensation insurance carrier.
- Choose your doctor after 28 days.
- Receive lost wages from your employer for the days of work that you miss (or partial lost wages if your disability forces you to take a lower-paying job).
- Receive accommodation from your employer in finding a new position that accommodates your disability and/or work restrictions.
- Not pay for any of the above services, even if your employer promises you that you will be paid back.
Accessing Workers’ Compensation Coverage
- Immediately report to your employer the injury or illness and how it happened.
- Go to a doctor. Initially, your employer or employer’s insurance company can choose the doctor you see. You may see your own doctor as well, but the cost may not be covered by workers compensation insurance. Tell the doctor that you got hurt/sick at work, how it happened and all potentially related symptoms. Explain your usual work environment and duties to the doctor and, if you are not able to complete your usual work duties, ask for a work restriction note. Ask your doctor to write down your diagnosis and what follow-up treatment and appointments are needed.
- Keep detailed notes, including how you were injured, where and when you were injured, who witnessed the injury, who you reported it to, and all symptoms.
- Follow the doctor’s instructions, even if your employer tells you to do something different.
Talk to an attorney about your right to workers’ compensation insurance benefits and the steps you can take to protect your rights.
Missing Work Due to Injury or Illness
Recently, some agricultural workers may be eligible for paid time off if you or your family member is ill or requires treatment or if your place of business is closed due to a public health emergency. Please visit LEO ESTA for more information on the Earned Sick Time Act and its expanded benefits to agricultural workers.
For a workplace injury or illness, you may be eligible for a percentage of your lost wages if you miss more than 7 days of work.
Your employer is prohibited from firing or penalizing you for exercising your rights. Call us for a free, confidential consultation if you are concerned about exercising your rights.