Can illegal immigrants receive workers' compensation benefits? The answer is yes, no and maybe in the often chaotic arena of state-specific workers' comp laws, where there is little consensus on the issue of benefits to undocumented workers, with election-year politics fueling debate on both the state and federal level.
A handful of states have legislation on the books that dictate whether or not illegal aliens are covered. Others address the eligibility of aliens, but without reference to their legal status. But the vast majority ignore the issue completely, setting forth eligibility criteria without any mention of immigration status.
As if the patchwork quilt of state laws was not confusing enough, federal law also comes into play. Even if a state deems that an undocumented worker is eligible for workers' comp benefits, some of those benefits may run afoul of the Immigration Reform and Control Act.
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