Home/USA/Insurance/Workers Comp Foreign Workers
Expat Health InsurancePolicy Year 2026Verified Guide

🩺Workers' Compensation for Foreign Workers in the United States

Navigating a workplace injury as a foreign national requires distinguishing between state workers' compensation rights and federal immigration compliance. When an H-1B, L-1, or other visa holder is injured on the job, the immediate priority is seeking emergency or authorized occupational medical care, explicitly notifying treating providers that the injury is work-related, and reporting the incident in writing to supervisors within the state's statutory reporting window (e.g., California's 30-day deadline). Receiving workers' compensation benefits does not violate nonimmigrant visa status; however, extended leaves of absence that alter paid employment or employer sponsorship may require separate consultation with an immigration attorney regarding status maintenance, medical leave, or employer wage obligations under the Labor Condition Application (LCA). Anti-retaliation provisions in federal law and state workers' compensation acts strictly prohibit employers from firing, demoting, or threatening workers with immigration consequences for exercising their right to file a claim.

What is Workers' Compensation for Foreign Workers in the United States?

Foreign workers in the United States—including H-1B, L-1, TN, O-1 nonimmigrant visa holders, and immigrant employees—are protected under state and federal workers' compensation systems when they suffer job-related injuries or occupational illnesses. Under U.S. labor law, workers' compensation operates as a mandatory, no-fault statutory benefit system funded by employers, meaning injured employees do not need to prove employer negligence to qualify for medical treatment and wage replacement. Citizenship, foreign nationality, and nonimmigrant visa status do not disqualify workers from receiving benefits; major jurisdictions like California and New York explicitly mandate coverage for all workers regardless of immigration status. Key statutory benefits include full medically necessary treatment with zero employee deductible, partial wage replacement during temporary disability (typically approximating two-thirds of the average weekly wage, subject to state minimums and maximums), permanent disability compensation, and vocational rehabilitation. Because private-sector workers' compensation is administered independently by each state (with federal programs covering maritime, energy, and federal civilian workers), critical reporting deadlines (often within 30 days, as in California), authorized medical provider networks, and dispute procedures are governed strictly by the state where the employee performs work.

Key Takeaways

Badge

Work Injury Protection

Meta Description

Learn how workers' compensation works for foreign workers in the U.S., including H-1B and L-1 employees. Understand medical treatment, wage replacement, immigration-status protections, reporting deadlines, employer claims, denied claims, and state-specific rules.

Costs

Workers' compensation is 100% employer-funded. Covered employees pay zero premiums, copayments, or deductibles for authorized work-injury medical care. Filing a workers' compensation claim with the state labor board or agency is free of charge.

Keywords
0

workers compensation foreign workers

1

workers comp H1B

2

workers compensation L1 visa

3

workers comp immigrant workers

4

workers compensation immigration status

5

work injury foreign worker USA

6

H1B work injury

7

workers compensation visa holder

8

workers compensation medical benefits

9

workers compensation wage replacement

10

workplace injury immigrant

11

occupational illness workers compensation

12

workers comp claim denied

What Workers Comp Is
Definition

Workers' compensation is a no-fault insurance and statutory benefit system for qualifying work-related injuries and occupational illnesses. It generally provides defined benefits without requiring the injured employee to prove that the employer was negligent.

State Administration

For most private employers and state/local government employees, workers' compensation is administered by the state. The U.S. Department of Labor maintains a directory of state workers' compensation authorities.

Federal Programs

Certain workers are covered under federal compensation programs rather than ordinary state workers' compensation systems, including federal civilian employees, eligible longshore and harbor workers, certain energy workers, and workers covered by the Black Lung program.

Not Health Insurance

Workers' compensation is not ordinary health insurance. It is intended to address qualifying work-related injuries and occupational diseases and can provide both medical and disability-related benefits.

Foreign Worker Eligibility
Core Rule:

A foreign worker's visa or citizenship should not be treated as an automatic exclusion from workers' compensation. Eligibility is principally determined by the applicable workers' compensation statute, the employment relationship, the type of work, and whether the injury or illness is sufficiently work-related.

Visa Examples
  • H-1B specialty occupation workers
  • L-1 intracompany transferees
  • O-1 extraordinary ability visa holders
  • TN NAFTA/USMCA professionals
  • E-2 essential employees
  • Other employment-authorized nonimmigrant workers
Important Qualification:

Visa category alone does not establish workers' compensation eligibility. A worker can still fall outside a particular state's workers' compensation system because of an employment or occupational exemption, independent-contractor status, domestic-service or agricultural rules, or another statutory exception.

Undocumented Workers:

Some states expressly extend workers' compensation protections to workers regardless of immigration status. California and New York are current examples. Because state treatment and available remedies can differ, the rule should never be summarized as a single nationwide federal guarantee of identical benefits.

State Vs Federal
Private And State Local Employees:

The U.S. Department of Labor states that workers' compensation for private companies and state/local government agencies is overseen at the state level.

Federal Employees:

Federal civilian employees generally fall under the Federal Employees' Compensation Act administered by the Department of Labor's Office of Workers' Compensation Programs.

Longshore:

Certain maritime and longshore workers are covered by the Longshore and Harbor Workers' Compensation Act rather than a standard state workers' compensation system.

Special Federal Programs
  • Federal Employees' Compensation Program
  • Longshore and Harbor Workers' Compensation Program
  • Energy Employees Occupational Illness Compensation Program
  • Federal Black Lung Program
Why It Matters:

The correct claim agency depends on the worker's employment and occupational category. A foreign worker employed by a private technology company in California generally deals with the applicable state system, while a foreign national employed by the federal government may fall under a federal compensation program.

What Can Trigger Coverage
Acute Injury7 Total
Fall at the workplaceMachine or equipment injuryLifting injuryWork-related vehicle accidentBurnCut or crush injuryWorkplace toxic exposure
Occupational Illness
  • Repetitive-use conditions (e.g., carpal tunnel syndrome)
  • Occupational hearing loss
  • Certain chemical or dust exposures
  • Respiratory conditions caused by workplace exposure
  • Other diseases determined to be occupational under applicable law
Gradual Injury:

An injury does not necessarily have to happen during one dramatic accident. Some workers' compensation systems recognize conditions that develop gradually when the evidence establishes a sufficient connection to employment.

Causation:

The worker generally needs to establish that the injury or illness arose out of and in the course of employment under the applicable state standard. Merely occurring at the workplace does not automatically establish compensability.

Benefits Overview
Medical Treatment:
Description: Workers' compensation generally provides medically necessary treatment for an accepted work-related injury or occupational illness, subject to state rules concerning authorization, provider choice, utilization review, and reasonable/necessary treatment.
Examples
0:Emergency treatment
1:Physician visits
2:Hospital treatment
3:Diagnostic testing (X-ray, CT, MRI)
4:Physical or occupational therapy
5:Prescribed medication
6:Surgery when medically appropriate
7:Medical equipment where covered
8:Other necessary treatment related to the compensable injury
Temporary Disability:
Description: Temporary disability benefits may partially replace wages when a work-related injury temporarily prevents the worker from performing employment or reduces earning capacity.
Rate Rule: There is no universal 66%–75% rule. Federal and state sources commonly describe temporary disability systems that approximate two-thirds of wages, but state-specific formulas, minimums, maximums, waiting periods, and definitions of average weekly wage differ.
Permanent Disability:
Description: A worker with lasting impairment may qualify for permanent partial or permanent total disability benefits under the applicable state system.
Important: Permanent disability is not automatically payable merely because an injury lasted a long time. The applicable state uses medical and statutory standards to determine whether a permanent impairment or loss of earning capacity qualifies.
Vocational Rehabilitation:
Description: Some workers' compensation systems provide vocational rehabilitation, retraining, job placement, or related benefits when the worker cannot return to the prior job. Availability and scope vary by jurisdiction.
Death Benefits:
Description: If a qualifying work-related injury or occupational disease results in death, surviving eligible dependents may receive death benefits and funeral/burial benefits under applicable law.
Medical Care Rules
Important:

Do not tell every foreign worker to visit the employer's designated doctor as a universal rule. States differ regarding initial provider choice, employer medical networks, physician changes, emergency care, second opinions, and treatment authorization.

Before Choosing Provider
  • Ask the employer or claims administrator which providers are authorized for the claim.
  • Determine whether the state permits the worker to choose the initial doctor.
  • Confirm whether an occupational medicine clinic is required or recommended.
  • Ask what happens in an emergency.
  • Obtain the claim number and workers' compensation carrier information.
Emergency Care Protocol & EMTALA Protections:

A worker should obtain medically necessary emergency treatment when the condition requires it. Workers' compensation authorization and insurer notification can be handled as soon as reasonably possible without compromising urgent medical treatment.

Health Insurance Warning:

Do not automatically submit a work-related injury to ordinary health insurance as though it were an unrelated illness. Tell the medical provider that the injury is work-related and provide the workers' compensation information when available.

Reporting An Injury
Best Practice:

Tell the supervisor, manager, HR department, or another designated employer contact as soon as the injury occurs or as soon as the worker realizes an illness may be work-related.

Gradual Injury:

For repetitive or occupational conditions, report the problem when the worker knows or reasonably believes it is connected to the job rather than waiting for the condition to become severe.

Deadline Warning:

Reporting deadlines are state-specific. They are not universally 30 days. California currently warns workers that failing to report an injury to the employer within 30 days can result in loss of workers' compensation benefits.

What To Record10 Total
Date and time of injuryExact locationWhat happened and howWitness namesTasks being performedBody part injuredSymptoms that began afterwardWho was notifiedDate and method of notificationMedical care received
Claim Filing
Employee Role:

The exact claim-filing process varies by state. The worker may need to complete a state claim form, employer accident report, or other documentation, while the employer or insurer has separate reporting obligations.

Important:

Do not assume that telling HR verbally is always equivalent to filing the worker's formal claim. Ask the state workers' compensation agency whether the employee must separately file a claim form.

Keep Copies
  • Employee claim form (e.g., DWC-1 in California)
  • Employer injury report
  • Medical records and physician notes
  • Medical bills
  • Work restrictions and status slips
  • Wage information and pay stubs
  • Insurer correspondence
  • Acceptance or denial notice
  • Claim number
Carrier Information:

Ask HR or the state workers' compensation agency for the name and contact information of the employer's workers' compensation carrier or claims administrator.

Wage Replacement
How It Works

Temporary disability benefits are generally designed to replace part of lost earnings while the worker recovers. The calculation is normally based on a statutory definition of average weekly wage and is subject to state-specific maximums and minimums.

Not Full Salary

Workers' compensation wage benefits generally do not replace the worker's full salary. The percentage and calculation differ by state and disability category.

Waiting Periods

Some states impose a waiting period before temporary disability payments begin, with additional rules determining whether the waiting period is later reimbursed if disability lasts long enough.

Light Duty

A worker may sometimes be medically able to perform modified or light-duty work. Whether wage loss continues, changes, or ends can depend on the difference between the pre-injury wage and post-injury earning capacity and the state's rules.

Visa Warning

Do not assume that receiving workers' compensation wage benefits automatically extends a visa, authorizes employment, or preserves a specific immigration status. Workers' compensation and immigration law are separate systems.

Immigration And Visa Issues
Core Rule:

A valid employment visa is relevant to whether a person is lawfully working and to immigration status, but a work injury claim should not be dismissed merely because the worker is foreign-born.

H1b:
Details: H-1B workers who suffer a qualifying work-related injury should report it and use the applicable workers' compensation process. Workers' compensation eligibility is not determined simply by being H-1B.
Separate Immigration Issue: An H-1B employee who cannot work because of an injury should separately assess the immigration consequences with an immigration professional or employer immigration counsel. Workers' compensation benefits do not themselves answer questions about H-1B employment authorization, leave, portability, or maintenance of status.
L1:
Details: L-1 employees should follow the same state workers' compensation reporting and claim procedures applicable to the employment and work location.
Tn:
Details: TN workers should likewise use the applicable workers' compensation system for a qualifying work-related injury while separately considering any immigration consequences of a prolonged inability to work.
O1:
Details: O-1 workers can have workers' compensation rights under applicable state law, while immigration questions concerning the sponsoring employer and continued O-1 employment are separate.
Undocumented:
Details: Some states expressly cover workers regardless of immigration status. California and New York are current examples. The protections and remedies cannot safely be generalized to every state.
Anti Retaliation
Principle:

Workers should document threats, intimidation, termination, reduced hours, or other adverse actions that appear connected to exercising workplace rights. Federal agencies state broadly that retaliation for exercising protected workplace rights can be unlawful regardless of immigration status.

Immigration Threats:

The EEOC explains that federal workplace protections can apply regardless of citizenship or work authorization and that immigration threats can constitute unlawful retaliation in appropriate circumstances.

Workers Comp Specific:

Workers' compensation retaliation is often specifically addressed by state law. For example, California expressly states that it is illegal for an employer to punish or fire a worker for having a job injury or requesting workers' compensation benefits.

Documentation
  • Save threatening emails and texts.
  • Record the date and substance of verbal threats.
  • Keep copies of schedules before and after reporting the injury.
  • Record sudden changes in pay or job duties.
  • Keep termination or disciplinary documents.
  • Contact the state workers' compensation agency or qualified attorney when appropriate.
Foreign Worker Practical Protection
Do Not Fear The Process

A foreign worker should not assume that reporting a genuine work injury automatically puts the worker's visa at risk. Workers' compensation is a workplace injury system, while visa compliance is governed under separate immigration rules.

However

A significant work injury can create separate immigration, leave, payroll, disability, and employment-status questions. Those issues should be reviewed separately when a worker cannot perform the sponsored job.

Leaving The U S

Leaving the United States does not necessarily erase an already-established workers' compensation claim. California expressly states that eligible injured workers can continue the workers' compensation process after leaving California or the United States. Other states may have different procedures for medical treatment and claims administration outside the state.

Occupational Illness

Workers' compensation can cover occupational diseases or illnesses when the applicable state system determines that the condition is related to employment.

Examples
  • Chemical or toxic exposure
  • Work-related respiratory illness
  • Hearing loss from workplace noise
  • Repetitive-use injuries (e.g., severe tendonitis, carpal tunnel)
  • Occupational skin conditions
  • Other work-caused or work-aggravated diseases recognized by state law
Documentation
  • Exposure history and chemical logs
  • Detailed job duties and physical motions
  • Safety data sheets (SDS) or workplace records
  • Medical diagnosis from treating specialist
  • Physician causation opinion when required
  • Employment dates and exposure duration
  • Prior medical history when relevant
Timing:

Occupational illness claims can present unusual timing issues because symptoms may develop gradually or become diagnosed after the worker changes jobs. The applicable state's injury/occupational-disease limitations and notice rules should be checked carefully.

Pre Existing Medical Condition
Important

A pre-existing medical condition does not automatically defeat a workers' compensation claim. A worker may have a compensable claim when employment causes, aggravates, accelerates, or otherwise contributes to a qualifying injury or illness under state law.

Proof

The exact legal causation standard varies by state. Medical records should distinguish the worker's condition before the workplace event from the symptoms or impairment arising afterward.

Do Not Assume

The mere existence of an older medical diagnosis does not prove that a new workplace injury is unrelated, but it also does not prove that the new condition is compensable.

Employer Failure To Carry Coverage
Problem:

If an employer that is required to maintain workers' compensation coverage fails to do so, the worker may still have remedies under state law. The correct source of payment depends on the state.

California Example:

California states that an illegally uninsured employer can be directly responsible for injury bills and that an Uninsured Employers' Benefit Trust Fund may provide benefits to eligible injured workers.

Action
  • Report the injury anyway to the state labor department.
  • Ask the state agency whether the employer is insured.
  • File through the applicable state uninsured employers process.
  • Do not assume an uninsured employer means there is no possible compensation remedy.
Claim Denied
First Steps
  • Obtain the denial in writing from the claims administrator.
  • Identify the exact reason for denial cited in the notice.
  • Request the medical and factual basis for the decision.
  • Review the state's workers' compensation appeal process and hearing deadlines.
  • Preserve all medical records and employment records.
  • Contact the state agency's information or assistance officer.
Common Disputes
  • Employer disputes that the injury happened at work or during work hours.
  • Insurer disputes medical causation between work duties and symptoms.
  • Insurer claims the condition is entirely pre-existing and unaggravated.
  • Insurer disputes whether recommended treatment is reasonable or medically necessary.
  • Worker missed a statutory notice or claim filing deadline.
  • Disagreement exists over the average weekly wage calculation.
  • Disagreement exists over the degree of temporary or permanent disability.
Legal Advice:

A workers' compensation attorney can be particularly useful when the claim is denied, the injury is serious or permanent, medical causation is disputed, benefits have stopped, retaliation is suspected, or a large wage-loss/permanent-disability claim is involved.

Return To Work
Medical Restrictions

Follow the treating provider's work restrictions and give the written restrictions to the employer.

Light Duty

An employer may offer modified or light-duty work where permitted. Whether the employee must accept a particular assignment and how it affects disability benefits depends on state law and the medical restrictions.

Do Not Self Modify

Do not return to physically demanding work contrary to medical restrictions merely because a manager asks you to do so. Ask the treating provider and workers' compensation administrator for clarification.

Employment Relationship

Workers' compensation benefits and continued employment are separate questions. Receiving benefits does not universally guarantee job protection or indefinite employment.

Workers Comp Vs Health Insurance
Workers Comp

Designed for qualifying work-related injuries and illnesses and can include medical care and disability benefits.

Health Insurance

Designed for covered medical treatment generally, regardless of whether the condition arose from employment.

Do Not Double File Carelessly

Tell healthcare providers when an injury is work-related and give the workers' compensation claim information. Coordination with ordinary health insurance depends on the claim status and state/provider rules.

Visitor Insurance

A visitor or travel medical policy may exclude or coordinate differently with work-related injuries. Do not assume a travel plan should be the first payer for an injury that belongs in workers' compensation.

New Foreign Worker Checklist
0

Know which state governs your employment/workers' compensation coverage.

1

Save your employer's workers' compensation carrier information.

2

Keep the policy/claim administrator telephone number where accessible.

3

Report work injuries immediately in writing.

4

Tell medical providers that the injury is work-related.

5

Obtain the formal claim number.

6

Keep copies of every medical record, report, and bill.

7

Keep written work restrictions signed by treating physicians.

8

Track temporary disability payments separately from salary.

9

Contact the state workers' compensation agency if the employer or insurer does not respond.

After Injury Checklist
1
Emergency Care

Get emergency medical care immediately when medically necessary.

2
Report Injury

Tell the employer or supervisor about the injury as soon as possible.

3
Carrier Info

Ask the employer for the workers' compensation carrier and claim instructions.

4
Authorized Providers

Follow the applicable state rules concerning authorized medical providers.

5
File Claim Form

Complete any employee claim form required by the state.

6
Preserve Records

Keep all medical, wage, and insurance documents.

7
Monitor Benefits

Monitor temporary disability payments and work-status restrictions.

8
Escalate If Denied

Escalate to the state agency or qualified attorney if the claim is delayed, denied, or mishandled.

State Examples
California:
Immigration Status: California currently states that workers' compensation benefits are available to all workers employed in California regardless of citizenship or immigration status.
Reporting: California currently warns that failing to report an injury within 30 days can cause the worker to lose workers' compensation benefits.
Benefits: California describes workers' compensation as providing medical care, partial wage replacement, and benefits associated with returning to work.
Leaving State: California states that an injured worker can continue participating in the workers' compensation process even after leaving California or the United States.
New York:
Immigration Status: New York's Workers' Compensation Board currently states that workers' compensation benefits are available to every eligible worker regardless of citizenship or immigration status.
Role Of Board: The New York Workers' Compensation Board administers the state system while insurers and claim administrators actually pay claims.
General Warning:

California and New York are useful current examples but should not be treated as proof that every state uses exactly the same eligibility, notice, medical-provider, disability, or immigration rules.

State Agency Lookup
Resource:

The U.S. Department of Labor maintains a current directory linking to workers' compensation officials for all states and territories.

Use It For7 Total
State claim formsReporting deadlinesEmployer coverage requirementsMedical-provider rulesDispute and hearing proceduresBenefit calculationsState-specific worker assistance
Url:

https://www.dol.gov/agencies/owcp/wc

Six-Step Appeal Quick Reference Guide
0

1. Report every suspected work injury or occupational illness immediately.

1

2. Obtain medical treatment and identify the workers' compensation carrier.

2

3. Follow the applicable state rules for authorized medical care and formal claim filing.

3

4. Keep complete medical, wage, employment, and claim records.

4

5. Monitor disability payments and work restrictions.

5

6. Contact the state workers' compensation authority or qualified counsel if the claim is denied or delayed.

Last Verified

2026-09-14

Content Note

Workers' compensation is highly state-specific. Coverage requirements, employee classifications, notice deadlines, medical-provider rules, wage calculations, temporary and permanent disability, vocational rehabilitation, death benefits, retaliation protections, dispute procedures, and immigration-related protections can differ by jurisdiction. This guide is educational rather than legal advice. For a live injury, report the event promptly and consult the applicable state workers' compensation agency and, when appropriate, qualified legal or immigration counsel.

Live Expat FX Tool Zero Hidden Markup• 50+ Global Currencies
International Money Transfer & FX Rates — Transparent Cross-Border Wire Rates

Bypass retail bank markups when transferring USD, GBP, EUR, CAD, AUD, or INR. Check today's real mid-market exchange rate instantly before initiating a transfer.

Compare Live Rates Free live calculator • 0% spread
Healthcare Gap Plan 180+ Countries
Newcomer & Expat Emergency Health Cover

Waiting for NHS, OHIP, or state healthcare to activate? Protect against uninsured hospital bills before your official health card arrives.

Starting Cost:From $1.60 / day (~$45/mo)
Flexibility: Cancel anytime
Estimate 30-Day Coverage
⚡ Instant online setup • No medical exam required
Common Pitfalls to Avoid
  • ❌ Assuming workers' compensation is one federal program✓ Most private-sector and state/local-government workers are covered through state systems; specific federal programs cover particular worker groups.
  • ❌ Assuming every foreign worker has exactly the same rights as a U.S. citizen in every state✓ Immigration status does not automatically bar coverage, but eligibility, exemptions, benefits, remedies, and procedures are state-specific.
  • ❌ Waiting 30 days to report because the deadline is always 30 days✓ Report immediately. State deadlines vary; California's current worker guidance uses 30 days, but that is not a nationwide rule.
  • ❌ Assuming wage replacement is always two-thirds of salary✓ Many systems approximate two-thirds, but calculations, minimums, maximums, waiting periods, and duration differ.
  • ❌ Assuming workers' compensation covers unlimited medical care✓ Covered medical care is generally subject to compensability, medical-necessity, authorization, utilization, and state-specific rules.
  • ❌ Assuming the employer always chooses the doctor✓ Medical-provider selection rules vary substantially by state and claim circumstances.
  • ❌ Submitting every work injury to visitor or private health insurance first✓ Tell the provider that the injury is work-related and obtain workers' compensation claim information.
  • ❌ Assuming workers' compensation automatically preserves immigration status✓ Workers' compensation and immigration law are separate systems. A serious injury can require separate immigration analysis.
Expat Checklist
  • 📋 In-Network: Confirm your doctor is inside the PPO Network before booking appointments.
  • 🔍 Brochure: Always read the detailed certificate of insurance.
  • 🚨 Emergencies: Understand differences between urgent care and emergency room costs.
❓ Frequently Asked Questions

Generally, being an H-1B or L-1 worker does not by itself prevent a person from pursuing workers' compensation for a qualifying work-related injury. Workers' compensation is primarily state-based for private employment, and the important questions are whether the worker is covered by the applicable system and whether the injury or illness is compensable under that state's law.

It is safer to say that immigration status does not automatically eliminate eligibility, rather than promising identical rights in every state. California and New York expressly state that workers' compensation benefits are available regardless of citizenship or immigration status, but coverage, exemptions, benefit formulas, procedures, and remedies vary by state.

There is no nationwide fixed percentage. Many state systems provide temporary disability benefits that approximate two-thirds of pre-injury wages, but the calculation can be subject to state minimums, maximums, waiting periods, definitions of average weekly wage, and disability-specific rules. Workers' compensation generally does not replace the worker's full salary.

Not necessarily. Medical-provider choice varies by state and workers' compensation system. Some states or employer arrangements allow the employer or insurer to direct initial treatment, while others give the worker greater provider choice or permit changes after specified procedures. Ask the employer or state workers' compensation agency which rules apply before planned treatment.

Do not assume that the employer's statement ends the claim. Obtain the denial or dispute in writing, preserve medical and workplace evidence, and follow the state's formal workers' compensation claim and dispute process. The state workers' compensation agency can explain filing, hearings, and assistance procedures, and a qualified attorney may help with a disputed or serious claim.

A workers' compensation claim and immigration status are separate legal systems. Receiving workers' compensation benefits does not itself determine whether a person maintains H-1B, L-1, TN, O-1, or another status. However, a serious injury that prevents the worker from performing the sponsored employment can create separate immigration questions involving employment authorization, leave, status maintenance, or a change of employment. Those issues should be reviewed separately with qualified immigration counsel.
Official References & Cited Sources
U.S. Department of Labor — Workers' Compensation

Explains the federal workers' compensation programs administered by OWCP and directs workers employed by private companies and state/local governments to the appropriate state system.

U.S. Department of Labor — State Workers' Compensation Officials

Current directory of workers' compensation officials for all states and territories.

U.S. Department of Labor — Medical and Disability-Related Leave

Explains that workers' compensation is primarily state-administered for private and state/local government employment and that medical/disability leave laws can overlap with workers' compensation.

California Department of Industrial Relations — FAQ for California Workers

Current California guidance expressly stating that workers' compensation benefits are available regardless of citizenship or immigration status and giving the current 30-day injury-reporting warning.

California Division of Workers' Compensation — Injured Worker

Current California guidance on reporting injuries, medical care, wage replacement, retaliation, eligibility of temporary/part-time workers, and continuing a claim after leaving the state.

New York Workers' Compensation Board — Injured Worker's Toolkit

Current New York guidance stating that workers' compensation benefits are available to eligible workers regardless of citizenship or immigration status.

EEOC — Retaliation and Related Issues

Explains that federal workplace anti-retaliation protections can apply regardless of citizenship or work authorization status.