Can an Illegal Alien Get Workers' Compensation in Virginia?
Posted: Saturday, February 21, 2009
by jervalaw
Law Office of Jerry Lutkenhaus
In 1999 the Virginia Supreme Court said an illegal alien could not receive any workers compensation benefits when he was injured.
In response to the above case in 2000, the Virginia Legistlature decided to provide partial benefits to illegal aliens when they get injured but not complete benefits. The illegal alien has a problem when he is injured. His employment is illegal.
In response to the above case in 2000, the Virginia Legistlature decided to provide partial benefits to illegal aliens when they get injured but not complete benefits. The illegal alien has a problem when he is injured. His employment is illegal.
The above court ruling created a different problem. If illegal aliens could not recover workers compensation benefits, then why couldn't they sue their employers for their injuries. The business interests in Virginia decided they would rather provide partial workers compensation then be open to lawsuits from aliens.
The state of Virginia decided in light of this problem to provide partial workers compensation benefits to illegal aliens. An illegal alien in Virginia (if injured on the job) can obtain medical benefits and compensation. However, the alien can only receive compensation if he or she is totally disabled.By provided partial compensation remedies to aliens, employers in Virginia are protected from job injury lawsuits by illegal aliens.
IN SUMMARY, yes, the alien can receive some benefits in Virginia but the illegal alien does not receive the full range of compensation benefits that is available to a citizen in Virginia.
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia . This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Jerry Lutkenhaus is a practitioner of Workers' Compensation law in the Richmond , Virginia area for over 30 years He was given an "AV" rating by Martindale- Hubbell in 2003.Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see our web sites at www.geraldlutkenhaus.com and www.virginiadisabilitylawyer.com or call Jerry Lutkenhaus at 804-358-4766 for a free consultation on your claim.
Jerry Lutkenhaus is a practitioner of Workers' Compensation law in the Richmond , Virginia area for over 30 years He was given an "AV" rating by Martindale- Hubbell in 2003.Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see our web sites at www.geraldlutkenhaus.com and www.virginiadisabilitylawyer.com or call Jerry Lutkenhaus at 804-358-4766 for a free consultation on your claim.
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