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Last Modified on Nov 02, 2025
When workers in Research Triangle Park, the Charlotte Airport Industrial District, or the Greensboro Piedmont Triad Industrial Center are hurt on the job, they rely on workers’ compensation benefits to pay for medical bills, lost wages, and other costs related to the injury and recovery. Given the state’s large undocumented population, you may be wondering, “Can undocumented workers get workers’ compensation in North Carolina?”
The Role of Immigration Status When Seeking Workers’ Comp Benefits
North Carolina’s workers’ compensation program was created through the Workers’ Compensation Act, which includes definitions of “employee” and “employer,” among other key terms. Under N.C. Gen. Stat. § 97-2(2), employees who are qualified for benefits include “aliens, whether lawfully or unlawfully employed.” This line clearly establishes that immigration status does not limit a worker’s right to pursue compensation under the act.
The North Carolina Industrial Commission enforces the provisions of the act and refers to the language in the founding document when ruling on whether a claim can be lawfully denied. Whether someone is hired with documents or not, North Carolina treats all injured workers the same for purposes of workers’ compensation benefits
This protects workers in industries like construction, agriculture, restaurant work, and manufacturing, where undocumented employees often face the highest injury risks. Enforcing these protections often requires skilled legal support from a workers’ compensation attorney who understands the law and how to protect workers’ rights.
Must-Know Undocumented Workers and Workers’ Comp Stats
North Carolina workplaces see thousands of injuries each year. In 2023, the Bureau of Labor Statistics recorded 177 fatal work injuries statewide, which is a reminder of how dangerous certain jobs can be for workers in construction, agriculture, manufacturing, and food processing.
State and local government employers reported 17,100 injury or illness cases that same year, which marks a rate of 3.3 cases per 100 employees. A recent estimate places 425,000 undocumented immigrants in North Carolina in 2023, many of whom work in high-risk industries where accidents are more likely.
When an injury occurs, claims are handled through the North Carolina Industrial Commission, located at 430 North Salisbury Street, Raleigh, NC 27603. This office oversees workers’ compensation cases for all qualifying employees, including undocumented workers.
Why You Should Hire a Workers’ Compensation Lawyer
Although North Carolina’s laws are clear, that does not stop employers from attempting to unlawfully intimidate workers from seeking benefits. Insurers may use the same tactics. Whether you are facing intimidation at work or retaliation for exercising your right to seek benefits, having a workers’ compensation attorney by your side is crucial.
If your workers’ comp claim was denied or your immigration status is being used to pressure or intimidate you away from seeking benefits, you need representation from a lawyer who understands North Carolina’s workers’ compensation laws and how to hold employers and insurers accountable.
A workers’ compensation attorney can review your claim or investigate why you are being intimidated at work. They can explain how your immigration status should not interfere with your right to secure benefits. Then, your lawyer can take decisive action to appeal or manage your application directly so you stand the strongest chance at receiving payments for medical bills, lost wages, and other work injury-related costs.
FAQs
Can Undocumented Workers Receive Workers’ Compensation in North Carolina?
Yes, undocumented workers can receive workers’ compensation in North Carolina. There are no stipulations regarding immigration status for anyone seeking benefits under their employer’s workers’ compensation policy. Undocumented workers can receive medical care, wage replacement, and other benefits if they are injured while performing job duties. Employers cannot deny coverage based on a worker’s lack of legal status.
Who Qualifies for Workers’ Compensation Benefits in North Carolina?
Most employees qualify for benefits from workers’ compensation if they work for an employer with three or more workers. Eligibility applies to full-time, part-time, and seasonal workers as long as the injury stems from work-related duties. Under the state’s workers’ comp plans, benefits can cover medical treatment, lost wage benefits, and compensation for permanent disabilities.
Are There Workers Who Are Not Eligible for Workers’ Compensation Coverage?
Certain workers may fall outside of workers’ comp coverage under North Carolina law. These exceptions typically apply to domestic workers employed by households and to independent contractors. Volunteers are typically not covered unless their work is under a contract. Immigration status is not a factor that affects a worker’s eligibility for benefits.
What Happens When an Undocumented Worker Is Injured on the Job?
An undocumented worker can file a workers’ compensation claim like any other employee. They may receive medical treatment, wage replacement, and benefits for permanent impairment. Employers are required to report the injury and cannot use immigration status as a reason to deny coverage. Claims are reviewed by the North Carolina Industrial Commission, which treats undocumented workers as eligible employees under state law.
Does North Carolina Law Define Undocumented Workers as Employees?
Yes, North Carolina’s Workers’ Compensation Act defines an employee as “every person engaged in an employment” and explicitly includes “aliens,” whether they are “lawfully or unlawfully employed.” This language appears in N.C. Gen. Stat. § 97-2(2) and confirms that immigration status does not affect eligibility for benefits. As such, employers cannot prevent someone from applying for benefits based on their immigration status.
Protect Your Rights After a Workplace Injury
Undocumented workers can face unique challenges after a workplace accident, but it is important to remember that North Carolina law protects all qualifying employees, regardless of immigration status. If you suffered an injury on the job, you have the right to seek medical treatment and wage benefits through the workers’ compensation system. Butler, Quinn & Hochman, PLLC, can provide effective guidance and advocacy throughout the process.
When you work with our team, you gain the support of lawyers with decades of legal experience and membership in prominent legal groups such as the American Bar Association. We understand the stress that can follow a work-related injury and can take the steps necessary to see that you receive the benefits that you are owed. Contact our office today to schedule your consultation.
