Tag Archives: immigration

6 Effective Claim Handling Tips For Undocumented Employees

July 24, 2018 by Michael B. Stack

farm workers for article, 6 Effective Claim Handling Tips For Undocumented EmployeesInterested stakeholders in workers’ compensation need to pay attention to the changing workforce as immigration continues to change the composition of the American workforce.  This includes being mindful of immigration laws and making good faith efforts to comply with the Immigration Reform and Control Act and the employment of individuals authorized to work within the United States.  Notwithstanding these efforts, people without such proper documentation enter the workforce and become injured.  This creates problems for employers and insurers that can add costs to a claim.

Understanding the Basics

The Immigration Reform and Control Act controls employment practices in the United States.  Under this law, only American citizens or non-citizens with the proper work permits are allowed to perform work legally.  However, employers continue to employ people without proper authorization – in some instances knowingly engaging in this type of employment practice.

A state’s workers’ compensation law defines eligibility for benefits.  In many instances, one’s legal employment status does not serve as a bar to benefits after following a work injury.[1]  The issue of hiring someone not legally allowed to work in the United States is not going away.  The only true way to deal with such issues is to make good faith efforts when verifying someone’s work status.  The reality is even if an employer undertakes these efforts, people not legally allowed to work will continue to seek employment.

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Reducing Work Comp Cost via Focus on Cultural Competence

illustration of multi colored hands for article, Reducing Work Comp Cost via Focus on Cultural CompetenceThe changing American workforce requires workers’ compensation professionals and stakeholders to step outside their comfort zones and challenge stereotypes and bias.  This includes the ability to work with people from different ethnic backgrounds to promote a workplace dedicated to safety.  Achieving  cultural competence requires full engagement from leaders within the company and insurance carriers.

 

Common Cultural Barriers to An Effective Work Comp Program

The great American melting pot continues to change.  This includes immigration from different parts of the world with people who seek their pursuit of happiness and a better life in the United States.  These changes impact workers’ compensation programs based on barriers that need to be broken down.  Common barriers include:

  • Mistrust of the government, including courts and government officials. Workers’ compensation programs involve a component of government involvement, including industrial commissions and judges.  A mistrust of these officials can impact how immigrants perceive justice.
  • Perceptions within one’s community by ethnic groups following a work injury. Even in instances where an injury is temporary, there is an underlying stigma attached in some communities that transcends the confines of the law and a workers’ compensation act.  Lack of self-worth following an injury trickles down to prolonged medical care and receipt of indemnity benefits.
  • Inherent risk of injury to new immigrant populations. Countless studies demonstrate non-white and/or non-English speaking populations suffer work injuries at a greater frequency than Caucasian and/or English speaking populations.  Like immigrants from Europe in the late 1800s and early 1900s, today’s immigrants tend to have fewer transferable job skills as whole and gravitate toward positions resulting in a higher frequency of injury.