Managing Member Alan Brackett and Associate Noah Borer are co-authors of a workers’ compensation “Attorney Analysis” column for Reuters Legal News and Westlaw Today. Following is their recent article, “Are undocumented workers entitled to workers’ compensation benefits?”
Are undocumented workers entitled to workers’ compensation benefits?
The federal government has been focused on immigration issues and the U.S. Immigration and Customs Enforcement (ICE) has been conducting “sweeps” in cities across the United States to identify, detain and deport persons illegally in the country. On Dec. 11, 2025, the U.S. Department of Homeland Security announced that Operation Catahoula Crunch, a sweep conducted in New Orleans, has resulted in the arrest of more than 250 illegal or undocumented workers.
Employers may be wondering how this affects employment issues regarding those workers, especially when it comes to the obligation to pay workers’ compensation benefits. Anticipating continued immigration sweeps, an understanding of workers’ compensation claims involving undocumented workers is important for employers to understand.
Arguments for and against denying workers’ compensation claims
Proponents of denying workers’ compensation benefits to undocumented workers argue that because of the undocumented or illegal immigration status, there is no valid employment contract that is enforceable between the undocumented worker and the employer. They contend that in the absence of a valid employer/employee relationship, there can be no obligation to pay workers’ compensation benefits. They suggest that detention and deportation from the U.S. is equal to incarceration and many states deny workers’ compensation benefits during any period of incarceration.