Undocumented immigrants in the United States and in Virginia face a lot of uncertainty. They often have questions even about where they can ask questions.

And for documented and undocumented immigrants to the U.S., as well as for native-born American citizens, one of the worst worries is becoming injured on the job and unable to support yourself and your family.

So, are undocumented immigrants covered by workers’ compensation insurance in case of injuries on the job in Virginia?

Virginia law requires covering undocumented workers

The answer is yes.

Virginia law is clear. Every company with two or more employees must buy workers’ compensation for all their employees. And who is an employee?

The law says, “every person, including aliens and minors, in the service of another under any contract of hire or apprenticeship, written or implied, whether lawfully or unlawfully employed.”

So, undocumented workers are all covered by workers’ compensation insurance.

Is the insurance the same for everyone?

It is almost the same. Most workers get paid wage compensation to make up the difference when they do lighter work for a while due to their injuries. Undocumented workers do not get this kind of compensation. But while they are completely unable to perform their work, they get wages from workers’ compensation.

Most other benefits, such as paying the worker’s medical bills, are covered the same.