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Undocumented Workers

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Employees injured in the State of Indiana that are not legally documented to work here, are oftentimes denied worker’s compensation benefits completely or denied lost wages.  The insurance company’s rationale for refusing to pay for lost wages is that it is “illegal to pay an undocumented worker wages.”  In the experience of this firm, most workers’ compensation judges will reject such an argument and order the insurance company to pay an undocumented worker wages.  This issue is yet to be decided by the Indiana Court of Appeals in a reported decision, so it is unclear on how the Court of Appeals and/or Indiana Supreme Court would rule.  In the opinion of our firm, undocumented workers should be considered “employees” and eligible for full worker’s compensation benefits.

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