The Growing Role of Advanced Medical Practitioners in Workers’ Compensation
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Workers Compensation and Undocumented Workers
A “Y” below means illegals are probably entitled to benefits, while an “N” means they are probably not. A “U” means that status is unknown.
DISCLAIMER: The following chart is a work in progress, should be considered a draft, and should not be relied upon for absolute accuracy, particularly given that
statutes or case law may change without notice. If you are aware of any inaccuracies or additional information that should be included as this document progresses,
please email Nancy.Germond@iiaba.net.
Postal
Abb. State Y/N Case Law or Regulatory Ruling Commentary
U.S. United States 8 U.S.C. § 1324a Hoffman Plastic Compounds, Inc. v. NLRB,
535 U.S. 137 (U.S. Sup. Ct. 2002)
The Immigration Reform and Control Act (IRCA) of
1986 (Public Law No. 99-603, 100 Stat. 3359, 8
U.S.C. 1324a) is intended to discourage employment
of illegal aliens and criminalizes the use of fraudulent
documents by illegals, though it does not penalize
illegal aliens for engaging in employment. IRCA does
not supplant state workers compensation laws.
AL Alabama Y Section 25-5-1(5) Omar Santos-Cruz v. Lambert (2005)
Statute includes aliens, but is silent on their legal
status.
Santos-Cruz was a non-precedent setting Alabama
circuit court decision which was not appealed.
AK Alaska U
AZ Arizona Y Ariz. Rev. Stat. §
23-901(5)(b)
Tiger Transmissions v. Industrial Commission
of Arizona, No. 1 CA-IC02-0100 (2003) The statute expressly includes illegal workers.
AR Arkansas Y Ark. 11-9-102(9)(A) The statute expressly includes illegal workers.
CA California Y Cal. Lab. Code §3351 Foodmaker v. Workers’ Compensation
Appeals Board, 78 Cal. Rptr. 2d 767 (Cal. App.
The statute expressly includes illegal workers.
Section 23.30.395(19) Statute is silent
State/Federal Law
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