What States Pay Workers’ Comp if You’re Undocumented?

April 5, 2022by Margot Lester

Every state except Texas requires employers of a certain size to carry workers’ compensation insurance. However, not all require coverage for injured undocumented workers.

See the other reasons your claim might not qualify.

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Workers Comp Coverage

Workers’ compensation pays for reasonable and necessary medical treatment for injuries incurred on the job — whether the result of an accident or a condition that develops gradually while doing your job, like carpal tunnel. Benefits available through workers’ compensation may include:

  • Medical treatment paid by your employer
  • Temporary disability benefits for the time you’re away from the job because of your injury, or permanent disability benefits if you’re unable to return to work
  • Compensation for families of workers killed at work

Workers Comp for Undocumented Workers by State

This chart shows how each state approaches workers’ comp for injured undocumented workers.


State Coverage
Alabama Yes
Alaska Undecided
Arizona Yes
Arkansas Yes
California Yes
Colorado Yes
Connecticut Yes
Delaware Undecided*
Florida Yes, but with some exceptions*
Georgia Yes, if the undocumented person cannot return to work due to injury*; No, in cases when the alien cannot return to work because of their illegal immigration status, but not due to injury*
Hawaii Yes
Idaho Yes
Illinois Yes
Indiana Undecided*
Iowa Yes
Kansas Yes
Kentucky Yes
Louisiana Yes
Maine Undecided*
Maryland Yes
Massachusetts Yes
Michigan Yes for medical benefits, but not for temporary or permanent lost-wage payments*
Minnesota Yes
Mississippi Yes
Missouri Undecided
Montana Yes
Nebraska Yes, No but solely for vocational rehabilitation benefits (if applicable)*
Nevada Yes*
New Hampshire Yes*
New Jersey Yes
New Mexico Yes
New York Yes
North Carolina Yes*
North Dakota Yes
Ohio Yes
Oklahoma Yes
Oregon Yes
Pennsylvania Yes
Rhode Island Undecided*
South Carolina Yes
South Dakota Undecided
Tennessee Yes
Texas Yes
Utah Yes
Vermont Undecided
Virginia Yes
Washington Undecided
West Virginia Undecided
Wisconsin Yes
Wyoming No
* Special conditions apply. Check with an attorney about your eligibility.

Even if your state does offer coverage, it’s smart to check with an attorney specializing in workers’ compensation to verify that you’ve got a valid claim and the ability to make one. In fact, all attorneys in the LegalASAP network will meet with you free of charge to discuss your options.

Learn how to prepare for your free workers’ comp consultation once you complete a free case evaluation.

Ready to see if you may qualify? Complete your free online workers’ compensation case evaluation now!

Margot Lester
CEO at The Word Factory | + posts

Margot Lester is the CEO of The Word Factory, a content marketing agency based in North Carolina that provides services for international healthcare brands, tech companies and SaaS developers. An award-winning business and brand journalist, she writes for daily and weekly newspapers and business journals, national magazines, in-flight publications and leading websites. Margot is also an in-demand writing coach and organizational communications trainer, helping individuals and teams write more effectively. LinkedIn: linkedin.com/in/margotlester.

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