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In Nevada, Illegal Immigrants Get Same Workers’ Compensation Benefits as U.S. Citizens and Permanent Residents

According to the United States Bureau of Labor Statistics, the metropolitan Las Vegas area has an available work force of close to a million with over 800 thousand currently employed. In 2010 the state of Nevada reported 4 thousand incidences of nonfatal occupational injuries and illness.

Under Nevada’s workers’ compensation statutes, employers not exempt by statute, are required to provide workers’ compensation insurance to their employees for injuries they sustain in the course and scope of their employment. NRS 616C.150(1). Workers’ compensation covers medical treatment, compensation for lost work time due to temporary total or permanent disability, awards for permanent or total disability, death benefits to dependents, vocational rehabilitation, and other related expenses.

Under NRS 616A.020, in exchange for these benefits, the employee cannot sue their employer. Furthermore, a Nevada employer cannot deny benefits to an employee for work-related injuries, regardless of whose fault caused the injury.

These workers’ compensation statutes apply whether the injured worker is a U.S. citizen, permanent resident, or illegal immigrant working illegally in the U.S. If the workplace injury occurs in Nevada, and the injured worker proves he or she was working for a Nevada employer at the time the workplace injury occurred, an illegal immigrant is entitled to workers’ compensation benefits. One exception, however, is an illegal immigrant is not entitled to workers’ compensation benefits for vocational rehabilitation.
Additionally, illegal immigrants may be entitled to receive temporary total disability benefits which are payable at 66 2/3 of their average monthly wage, up to the state maximum. The illegal immigrant just must show that a treating physician has prohibited them from working because of the workplace injury. The illegal immigrant may also be entitled to receive a permanent partial disability award for any permanent injuries.

The Las Vegas law office of Lagomarsino Law did not represent anyone involved in the above-referenced case. The commentary is for educational and commentary purposes only. If you would like to be represented by a Nevada attorney, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.