Can an Undocumented Worker in Illinois Collect Workers’ Comp?

 Posted on June 17, 2025 in Workers' Compensation

Although workers’ compensation laws are different in each state, in Illinois, an undocumented immigrant who is hurt while on the job has the right to file for workers’ compensation benefits. These rights are not affected or abridged in any way by citizenship or immigration status. In fact, under 820 Ill.Comp. Statute Section 305/1(4)(b)(2), "aliens" are specifically included as employees.

In 2008, Workers’ Comp of Illinois vs. Econ. Packing Company held that under Illinois workers’ compensation laws, undocumented aliens who are injured or killed on the job have a right to workers’ compensation benefits. If undocumented employees were to be excluded from workers’ compensation coverage, employers could be incentivized to place them in unsafe situations or those that clearly violate OSHA regulations.

Employers might also intentionally illegally hire employees who are not authorized to work in the United States, placing them under adverse working conditions. Whether you are undocumented or legally working in Illinois, you are entitled to collect workers’ compensation benefits when you are injured on the job. A Joliet, IL workers’ compensation lawyer can help you obtain the benefits you need and deserve.  

Employees Are Not Allowed to Hire Undocumented Workers in Illinois

Paradoxically, under the Immigration Reform and Control Act (IRCA) of 1986, employers in the state are barred from hiring undocumented workers, regardless of their qualifications. Under this Act, it is unlawful to hire an undocumented person knowingly. If an employer later finds out that an undocumented worker was hired, that worker should be terminated.

In spite of these laws, undocumented workers are not barred from collecting workers’ compensation benefits after a workplace injury. The IRCA was not enacted because of the belief that undocumented individuals would come to Illinois specifically to obtain workers’ compensation benefits; rather, it was enacted to diminish the likelihood of employment-based immigration.   

Undocumented workers likely already feel their employment status is precarious. Being injured while on the job can evoke fears that the employment protections afforded to U.S. citizens will not apply. Workers’ compensation benefits in the state are no-fault benefits, which means that they are available regardless of who is at fault for the accident.

Many Undocumented Immigrants Fear Retaliation

Undocumented employees have legitimate fears regarding asserting their rights to workers’ comp benefits. Most will feel that their immigration status could be jeopardized should they file for these benefits, even though they were legitimately injured at work. The Illinois Workers’ Compensation Act (IWCA) prohibits an employer from retaliating against a worker for making a workers’ compensation claim.   

Regardless of status, undocumented workers are also given these protections in the state. Despite this, undocumented workers could potentially face intimidation from their employers, who are more concerned about others finding out they hire undocumented workers than about the undocumented employee’s injuries. If you were injured on the job as an undocumented worker, your fears are understandable. Speaking to a knowledgeable workers’ compensation attorney can help you understand your rights related to being injured while on the job.

Contact a Will County, IL Workers’ Compensation Lawyer

While understanding that you are in a precarious position, a knowledgeable Joliet, IL workers’ compensation attorney from McNamara Phelan McSteen, LLC will help you receive the benefits you are entitled to receive. Our midsize law firm ensures you have access to every beneficial resource while retaining our small firm "feel," including the attention and care shown to our clients.

Our attorneys will aggressively pursue your benefits; we have attorneys with appropriate experience in each area to handle specific cases. With more than 150 years of experience, we stand ready to advocate for you, your rights, and your future.