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Do unlawful employees deserve workers’ comp?

On Behalf of | Sep 29, 2022 | Worker's Compensation

Not all individuals who work are lawfully employed. There are some cases in which their employment is technically illegal or has not been handled properly.

One example of this could be if the individual is undocumented and came into the United States illegally. They may not have had all of the paperwork to be hired, but their employer may have made an exception for them or even said they would pay them under the table.

Another example could be when a business hires minors or other underage workers who are not yet technically old enough to take the job. Again, some employers will decide to bring them on anyway, especially if they have a more “creative” way to pay them.

But the question this brings up is whether or not these employees deserve workers’ comp. If they get hurt on the job, do they lose their rights to compensation because they shouldn’t have been employed in the first place?

They are still covered

If you find yourself in this position, you’ll be glad to know that North Carolina law requires every person to have workers compensation benefits, as long as the business is large enough that it has to carry this type of coverage. The law includes both undocumented workers and minors. They are not to be denied workers’ comp benefits simply because they shouldn’t have been working. 

The fact of the matter is that they were working, legally or not, and they were injured on the job. That still comes with a lot of costs, and that’s why all workers need to know what legal steps to take.