WorkComp Advisory
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Q & A: Volunteers, Illegal immigrants and Workers’ Compensation

Q. “We are considering engaging unpaid interns from a local University? What happens if one is injured on the job?”

A. See if your carrier will issue a "Voluntary Compensation and Employers Liability Coverage Endorsement". (Form # WC 00 03 11 A)

It provides voluntary coverage for those not covered by the law. It allows the employer to extend Workers' Comp benefits in the hopes of avoiding a negligence action. If the offer of coverage is rejected by the "volunteer" employers’ liability coverage is triggered.

Q. “If an illegal employee is injured, can they receive Workers’ Compensation benefits?”

While in many cases, illegals will receive Workers’ Comp benefits; this issue is State and Case Law specific. There are differences among states and one court decision can change everything in your state.