You Deserve Workers’ Compensation for Your Landscape Injury Regardless of Immigration Status
We understand the fear and uncertainty you may be feeling as an undocumented worker who has been injured while doing a landscaping job in Ohio. At the Monast Law Office, we're here to assure you that your immigration status doesn’t prevent you from receiving workers’ compensation benefits.
As an undocumented landscape worker, you have the same rights as any other worker in Ohio regarding workers' compensation. The Ohio Bureau of Workers' Compensation (BWC) is a state agency that provides coverage for work-related injuries or illnesses and isn’t a federal agency that enforces immigration laws. Your employer cannot fire or punish you for filing a workers' compensation claim. The Ohio Revised Code § 4123.90 protects your right to seek the benefits you deserve without fear of retaliation.
Ohio Workers’ Compensation and Immigration Status
If you’re not legally employed and don’t have a valid Social Security number, you can still file a claim for workers’ compensation. A Social Security number isn’t required to file a claim. The BWC assumes that every worker is legally employed unless told otherwise. It’s the employer's responsibility to verify their employees' legal status during the hiring process.
If you’re hired by a company in the United States, the BWC considers you eligible for workers' compensation benefits despite your immigration status. The BWC aims to cover work-related injuries or illnesses, not enforce immigration laws. This approach ensures that all workers, despite their legal status, have access to necessary medical care and financial support following a work-related injury.
Types of Landscape Injuries
There are many hazards associated with landscaping. Using power tools and machinery, such as lawnmowers, trimmers, and chainsaws, puts you at constant risk of severe cuts, lacerations, and even amputations. These sharp blades and rotating parts can cause devastating injuries, requiring time off work.
Additionally, prolonged exposure to the elements, especially during the scorching summer months, can lead to heat exhaustion, heat stroke, and other heat-related illnesses. Dehydration and overexertion are also common concerns for landscape workers laboring in extreme weather.
Landscape work often involves heavy lifting, repetitive motions, and navigating uneven ground, increasing the risk of falls, strains, sprains, and other musculoskeletal injuries. Slips, trips, and falls are common occurrences, especially when working on wet grass, holes, stone piles, and other areas.
Awareness of these hazards and taking preventive measures can significantly reduce your risk, but knowing your rights is equally important.
If you suffer an injury such as a broken bone from a fall, a severe laceration from a piece of equipment, or any other work-related injury, you’re entitled to receive medical treatment and compensation for any wages lost due to the injury, even if you’re an undocumented worker. It's important to report any injury to your employer immediately to ensure you receive the care and compensation you deserve.
Trust the Monast Law Firm to Protect Your Rights and Legal Options
The workers’ compensation process can be overwhelming, especially if you're unfamiliar with the system or face language barriers. And you may be hesitant to report your injury or file a claim, fearing deportation or other immigration-related consequences.
At the Monast Law Firm, our experienced workers' compensation team protects your interests and ensures you receive legal support during your recovery. We’ll guide you through the workers’ comp claims process with compassion and confidentiality. We'll fight for the benefits you need, including:
- Coverage for doctor visits, hospital stays, and medications
- Rehabilitation costs for physical therapy
- Wage replacement for time missed from work due to your injury
Our past clients, such as Leslie, testify that we handle all parts of your injury claim, letting you focus on healing.
