Are you afraid of reporting a work injury because of your immigration status? Here are some things both our office and the Court of Administrative Hearings do to protect your immigration status.
First and most importantly, under Minnesota law, undocumented workers are entitled to workers’ compensation benefits under the statute and cannot be retaliated against for doing so.
The Workers’ Compensation system in Minnesota is designed to allow you to make a claim for workers’ compensation benefits to the Court, even if you are undocumented. Given the presence of ICE agents in our streets, you may be fearful of presenting to the courts in person to advocate for your rights. Read the information below to learn about some measures implemented by the Court of Administrative Hearings and what your attorney can do to make sure your access to justice is not impaired by your immigration status.
How does the Workers’ Compensation system facilitate your safe participation during litigation?
- You don’t need a Social Security Number (SSN) to file a workers’ compensation claim. Not having a Social Security number is not an obstacle to filing a claim petition in Minnesota. If you don’t have a Social Security number to provide, you can request the Court of Administrative Hearing to assign you a WID number. Use the WID number provided to file your claim petition.
- When you have court, your name won’t be listed in the court calendar. When the Court of Administrative Hearings publishes the Docket Calendar, they list the case by the employer’s name. The Court will not include the injured worker’s name. Nobody other than the parties involved in the case, will know when you are scheduled for a hearing or administrative conference at the Court.
- Most court appearances in the workers’ compensation system are not in person. The workers’ compensation system is designed to allow you to attend court via phone or by video conference. Most administrative conferences with a Workers’ Compensation Judge or with a Commissioner of the Department of Labor and Industry will occur via phone. If you are scheduled for a hearing, you may be able to attend your court hearing through video call, upon request.
- You can request a remote deposition. As part of the process, your attendance is required for depositions. Your attorney will be able to coordinate a virtual deposition if that’s your preference. There are multiple other instances when you can request a remote appearance to avoid coming in-person to the court. Coordinate with your attorney to secure a remote appearance. However, where attending in person is required, be sure that The Law Office of Joshua Borken is a safe place to conduct any court proceedings. Our office is located in a building where your safety is a priority. Any person or agent requesting access to our office must be granted permission by us. The security staff will make sure only authorized visitors can access our office.
- You can bring a witness to your Independent Medical Examination (IME). If you have been asked to undergo a physical examination with the Insurer’s doctor and feel unsafe attending alone, you can bring a witness who can enter the exam room with you. It is your right to be accompanied by someone you trust during this exam.
The Law Office of Joshua Borken has workers’ compensation lawyers that express a commitment with our immigrant community in the State of Minnesota. The recent actions performed by federal immigration agents in our city do not represent our values. We firmly believe in the contributions made by immigrants to this nation. You are certainly not alone. We are here to fight for you, to be your voice, to handle your case with the care and dignity it deserves. We proudly represent clients from different backgrounds. We understand your concerns and are here to help you during these difficult times.
