Injured at Work in Massachusetts: Understanding Workers’ Compensation Rights for Immigrant Workers
Workplace injuries are an everyday reality across Massachusetts, occurring on construction sites, in restaurant kitchens, warehouses, landscaping projects, and healthcare settings. For an immigrant worker, the physical pain of an injury is often eclipsed by a specialized set of fears: “Will filing a claim jeopardize my immigration status?” “What if I am paid in cash?” “Can my boss fire me for seeking help?”
The foundational truth is that Massachusetts workers’ compensation law protects every worker, regardless of their immigration status or method of payment. At Samper Law in Woburn, Massachusetts, we specialize in helping injured workers secure the medical care and wage benefits they deserve, while shielding them from employer retaliation and misinformation.
What is Workers’ Compensation in Massachusetts?
In the Commonwealth, workers’ compensation is a mandatory insurance system that almost all employers are legally required to maintain. It is a "no-fault" system, meaning you do not need to prove your employer was negligent to receive benefits. If you were injured or became ill because of your job, the system is designed to provide:
Comprehensive medical treatment for the injury.
Partial wage replacement while you are unable to work.
Disability benefits for lasting impairments.
Vocational rehabilitation to help you return to the workforce.
Universal Protection: Status is Irrelevant to Your Claim
Massachusetts courts and the Department of Industrial Accidents (DIA) are unequivocal: Immigration status does not matter when it comes to workers’ compensation. You are fully protected by these laws whether you are undocumented, paid "off the books" in cash, a visa overstayer, an asylum seeker, or a holder of TPS or DACA.
Your employer cannot legally deny you benefits based on your status, and your legal standing has no bearing on your eligibility for medical care or wage replacement.
Immediate Steps to Take Following a Workplace Injury
The actions you take immediately following an accident are critical to the success of your claim:
Report the Injury Immediately: Notify your supervisor or employer as soon as the accident occurs. Even if the injury seems minor at first, formal reporting creates a vital legal record of the incident.
Seek Medical Attention: Your health is the priority. Seek emergency care if necessary, and ensure you tell the medical provider that the injury happened while you were at work.
Document the Details: Keep a record of everything: medical reports, the names of witnesses, copies of work schedules, and any communications (including text messages) with your employer regarding the accident.
Understanding Your Available Benefits
The Massachusetts system provides several tiers of support to help you recover and remain financially stable:
Medical Benefits: Coverage for all "reasonable and necessary" treatment related to your injury, including prescriptions and travel costs to appointments.
Temporary Total Incapacity (TTD): If you are unable to work for six or more days, you may receive roughly 60% of your gross average weekly wage for up to 156 weeks.
Temporary Partial Incapacity: If you can still work but earn less due to your injury, you may receive partial wage replacement for up to 260 weeks.
Permanent Disability: If the injury results in a lasting inability to work, you may qualify for ongoing two-thirds wage replacement and cost-of-living adjustments.
The Myth of "Cash Pay" and the "1099" Defense
Employers often try to avoid paying benefits by claiming a worker was "just a contractor" or "paid in cash." In Massachusetts, these arguments rarely succeed. The state uses a strict "three-prong test" to determine employment. Most workers labeled as "1099 independent contractors" are, in the eyes of the law, actually employees entitled to full workers’ compensation coverage. Similarly, being paid in cash does not erase your status as an employee or your right to protection.
Protection Against Retaliation
It is strictly illegal for an employer to fire, threaten, or reduce the hours of a worker for filing a workers' compensation claim. Retaliation is a serious violation of the law. If your employer threatens to "call immigration" or terminates you because you asserted your rights, you may have additional legal claims beyond the injury itself.
Why Legal Coordination is Essential
A workplace injury rarely exists in a vacuum. For our immigrant clients, a work injury can suddenly impact:
Household income and the ability to meet financial obligations.
Immigration strategy, where an injury might serve as evidence of "extreme hardship" in certain cases.
Family law matters, such as child support calculations or custody stability.
At Samper Law, we provide a holistic defense. We don't just handle the insurance claim; we coordinate your workers' comp case with your immigration and family law needs to ensure one does not negatively impact the other.
How Samper Law Protects You
We aggressively manage every aspect of your recovery, from filing the initial claim and resolving medical authorization disputes to analyzing misclassification and defending you against employer fear tactics. We focus on protecting both your health and your livelihood so you can focus on healing.
You have the right to heal and the right to be paid. Do not let fear stand in the way of your recovery.
We are here to protect you.
