More details to this question:
My friend who is a illegal alien fell off a 20 ft ladder at work and broke his humerus, bruised his lungs and injured his foot. He has worked for his employer for almost 5 years and has ALL pay stubs prooving this. Problem is that insurance has neither accepted nor denied his claim even after the Comission ordered them to do so. The did pay him voluntary compensation for his wages but have yet to pay medical bills. Spoke to 1 attorney that basically told him that there was not enough money in it for him to get involved. His case has been referred to the docket only because insurance has not responded to his claim. He realizes that he is not eligible to receive tpd because of his status nor has he made a claim for it. After calling the comission to find out why insurance has not responded he was told that insurance wrote that they will not send a compensation agreement based on that he is illegal. Look floks, he is only asking for his aww and medical bills to be payed. Any help?
2 ANSWERS
Workers Compensation Attorney serving Richmond, VA
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Gerald G. Lutkenhaus, Attorney at Law
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You indicated your friend who is an illegal alien suffered an injury at work. He has been paid voluntary compensation but not his medical bills. He does have the right to be paid for his medical expenses. He does have the right to be paid for being out of work totally. Once he is released to part time or light duty work he would not be eligible for compensation due to his illegal status. Perhaps, the period for which he is disabled is not long enough. You can contact me for more information.
Virginia Workers' Compensation Lawyer
Answered on Jun 14th, 2016 at 8:04 AM
Automobile Accidents Attorney serving Hampton, VA
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Hampton Injury Law
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Attorneys who represent clients in worker's compensation cases have to earn their fees from the employee's award. You indicated that his wages have been voluntarily paid and medical bills will paid to the providers unless he paid for them himself. The employer will probably agree to pay the bills prior to a hearing. If so, an attorney would be working for nothing.
Also, the wage benefits of illegal aliens payable under the Act do not include periods of partial disablity (restricted or "light duty") and the employer is not required to provide vocational rehabilitation. That probably explains why the employer did not file agreement an form and the attorney declined representation.
Answered on Jun 13th, 2016 at 8:02 AM