Yes. Under Illinois workers’ compensation law, the definition of employee expressly includes noncitizens, so immigration status alone does not remove coverage for a work injury. Workers are sometimes discouraged from reporting an injury because of their status, but the Act’s coverage question turns on the work relationship and the injury, not on citizenship. This page gives general information only; how status may affect other benefit types is fact-specific and is not promised here.
En español: ¿Pueden los trabajadores indocumentados recibir compensación laboral en Illinois?
What the law says, in general terms
Illinois law defines employee broadly, and that definition includes workers who are not U.S. citizens. That means an undocumented worker who is hurt arising out of and in the course of employment can report the injury, seek medical care, and file a claim in the same general way as other workers. An employer or insurer cannot simply say there is no claim because of immigration status, and a worker should not be told to pay for work-injury care out of pocket for that reason alone.
If an employer threatens or discourages reporting
- Report the injury in writing as soon as you can, and keep a copy, even if a supervisor says not to report it.
- Write down the date, time, and words used if you are threatened, told you will lose your job, or told immigration authorities will be contacted.
- Keep pay records, schedules, messages, and any paperwork showing the work relationship.
- Seek medical care promptly and tell the doctor it was a work injury.
What to do after the injury
- Report in writing within 45 days, and keep proof you reported it.
- Keep every medical record, restriction note, and letter from the employer or insurer.
- Do not sign a form you do not understand, and ask for a copy of anything you do sign.
- If the claim is denied, delayed, or you face retaliation, get advice promptly from a trusted source.
Getting help without extra risk
Many workers in this situation worry about sharing personal details. You can keep your claim file private, share only what is needed for the claim, and ask for advice before giving a recorded statement or signing a release. If language is a barrier, ask for help in your preferred language and keep written copies of everything. The steps on this site for reporting, treatment, and filing apply in the same general way.
Related guides and questions
Read After a Work Injury and What to Do If Your Claim Is Denied. For advice about a claim where status is being raised, see Connect With a Lawyer.
Verify against the IWCC
Rules and procedures can depend on the facts of a case. Check the current rules with the Illinois Workers’ Compensation Commission before relying on anything on this page. If you are seriously hurt, get emergency care first.
This page is general information only. It is not medical advice, not legal advice, and this site is not a law firm. See the Disclaimer.