For foreign workers in the U.S., suffering a work-related injury can be a stressful and uncertain experience, especially when navigating both medical care and immigration concerns. Whether you’re in the country on an H-1B, L-1, TN, or another work visa, you have rights if you are injured on the job. The U.S. workers’ compensation system generally covers employees regardless of nationality, meaning that if you suffer an injury while performing work duties, you are likely entitled to medical treatment and compensation for lost wages. However, independent contractors and certain visa holders, such as J-1 interns or seasonal H-2B workers, may not automatically qualify for workers’ compensation depending on state laws and the nature of their employment contract. It is crucial to understand whether your visa and job classification provide these protections and to report any workplace injury immediately to preserve your legal options.
One of the biggest concerns for foreign workers is how an injury might affect their ability to stay in the U.S. and maintain their visa status. Work visas are typically tied to employment, and if an injury prevents you from working, you may face challenges in maintaining lawful status. Some employers may accommodate injured workers through light-duty assignments, while others may terminate employment if the worker is unable to fulfill their original job duties. This can be particularly problematic for H-1B and L-1 visa holders, whose legal status is directly tied to their employer. In some cases, foreign workers may be eligible for medical leave under the Family and Medical Leave Act (FMLA), which can provide temporary job protection, but this does not extend visa status beyond its normal expiration. Seeking legal guidance early is essential to exploring alternative visa options if continued employment becomes uncertain.
Despite these challenges, injured foreign workers should not hesitate to seek medical care or legal representation out of fear of jeopardizing their immigration status. Foreign-born workers make up 15% of the U.S. labor force but account for 18% of on-the-job fatalities, indicating they often complete riskier work. Employers and insurance companies cannot legally retaliate against workers for filing a claim, and seeking compensation does not automatically impact visa renewals or green card applications. However, workers should ensure they follow all reporting procedures, maintain accurate medical records, and consult with an attorney who understands both workers’ compensation and immigration law. Understanding your rights and options can help protect both your health and your future in the U.S.
At Urban Thier & Federer, P.A., we are experienced in helping foreign workers navigate complex legal challenges after a workplace or other injury. Our team has extensive experience in both personal injury and immigration law, ensuring that our clients receive the compensation they deserve while protecting their visa status. If you or a loved one has been injured at work in the U.S., contact us today for a consultation and let us help you safeguard both your legal rights and your future.