Can A Temporary Visa Holder In The US File A Work Injury Claim?
Share This Post
The United States is a country of immigrants. Each year, millions of people come to the US on a temporary visa to work or study. While most of these visa holders will eventually return to their home country, some will permanently decide to stay in the US.
If you are a temporary visa holder who has been injured at work, you may be wondering if you are eligible to file a work injury claim. The answer is yes, you can! However, there are a few things you need to know before you file your claim.
Keep reading to learn more about whether a temporary visa holder in the US can file a work injury claim!
What is a Work Injury?
A work injury is any injury that you sustain while you are working. This includes damages that happen because of slips, trips, and falls, as well as injuries that occur because of exposure to hazardous materials.
What Does the Law Say About Work Injuries and Immigrants?
The law in the United States is clear that all workers, regardless of their immigration status, are entitled to workers’ compensation benefits if they are injured on the job. This means that if you are a temporary visa holder and you are injured at work, you can file a workers’ compensation claim.
How Do I File a Workers’ Compensation Claim?
If you are injured at work, you must notify your employer immediately. Your employer will then need to provide you with the necessary paperwork to file a workers’ compensation claim.
Once you have the necessary paperwork, you will need to file your claim with your state’s workers’ compensation office. Each state has its own workers’ compensation office, so you must make sure you file your claim in the correct state.
It is important to note that you only have a certain amount of time to file your workers’ compensation claim. In most states, you must file your claim within one year of the date of your injury. If you do not file your lawsuit within this period, you may be prohibited from receiving benefits.
Can My Employer Retaliate Against Me for Filing a Workers’ Compensation Claim?
No, your employer cannot retaliate against you for filing a workers’ compensation claim. It is against the law for an employer to retaliate against an employee for exercising their rights under the workers’ compensation system.
You should contact an attorney if you believe your employer has retaliated against you. An attorney can help you understand your rights and take legal action against your employer if necessary.
Is There Any Other Types of Benefits Available to Me As an Immigrant?
In addition to workers’ compensation benefits, you may be eligible for other uses, such as social security disability or unemployment benefits.
It is important to note that, to receive any of these benefits, you must have valid immigration status. For example, if you are a temporary visa holder, you will only be eligible for help if you have a valid visa.
Importance of Consulting an Experienced Workers’ Compensation Lawyer
One of the most important things to do if you are considering filing a workers’ compensation claim is to consult with an experienced workers’ compensation lawyer. A lawyer can help you understand your rights and ensure that you are filing your claim correctly.
If you do not have a lawyer, you may still be able to file your claim independently. However, it is essential to note that the workers’ compensation system is complex, and making mistakes when filing your claim is easy. If you make a mistake, it could delay your claim or result in you being denied benefits.
A lawyer can also help if your employer retaliates against you for filing a workers’ compensation claim. It is against the law for an employer to retaliate against an employee for exercising their rights under the workers’ compensation system. Still, it can be difficult to prove retaliation if you do not have an experienced lawyer on your side.
In conclusion, a temporary visa holder in the United States can file a work injury claim. However, the process is complex, and seeking professional help is essential. At Oracle Law Firm, we have experienced attorneys who can help you navigate the claims process. Contact us today at (888) 547-1778 for a free consultation.