Can I Get Workers’ Comp in Wisconsin If I’m Undocumented?

By Attorney Lisa Pierobon Mays

Updated: September 2026

No. In Wisconsin, a workers’ compensation claim cannot be denied solely because the worker is undocumented. The law covers “every person in the service of another under any contract of hire, express or implied” (Wis. Stat. § 102.07(4)(a)), and none of the definition’s listed exceptions, such as domestic servants, turns on immigration status. If you are otherwise covered, your status alone does not disqualify you: you are generally eligible for the same core benefits as any other covered worker: medical care, weekly wage-loss checks and permanent disability benefits, under the ordinary rules and with the few limits described below (status can affect loss-of-earning-capacity ratings, retraining and the refuse-to-rehire penalty).

The insurer can still dispute a claim on the usual grounds, such as whether the injury arose out of your work. But under the statute’s definition and LIRC’s decisions, immigration status alone is not a lawful reason to deny the claim. A few items can work differently for someone without permission to work in the U.S. This page explains them, and what to do now.

Why doesn’t immigration status bar workers’ comp in Wisconsin?

The legislature put no immigration exclusion in the workers’ compensation chapter, and it knows how to write one: Wisconsin’s unemployment law has an express immigration-status rule (Wis. Stat. § 108.04(18)). The definition of “employee” in the workers’ compensation chapter has none.

The Labor and Industry Review Commission (LIRC), the state commission that reviews workers’ comp decisions, has applied the law that way. In Arista-Rea v. Kenosha Beef International (LIRC, 1999), it held that temporary disability benefits cannot be cut off merely because an undocumented worker is let go, as long as the worker is still temporarily disabled.

What can an undocumented worker receive?

The same core benefits as any injured worker:

If the family lives outside the United States. Dependents who are nonresident aliens living outside the United States can claim death benefits only under strict rules (Wis. Stat. § 102.51(2)). If the worker had lived in the U.S. for 8 years or more before the injury, the law conclusively presumes that a relative who remained a nonresident alien during that time was not dependent on the worker. Only certain family members, such as a spouse, children, parents or siblings, can qualify as dependents at all. And if the worker had been in the U.S. continuously for at least a year and employed here for at least 6 months, a nonresident relative must prove dependency with written evidence of money the worker sent, such as money-transfer receipts or canceled checks. Unless DWD decides otherwise, the consular officer of the family’s country, or that officer’s designated representative in Wisconsin, is their sole representative in the claim (Wis. Stat. § 102.19).

What may be limited?

Three areas can play out differently for a worker who cannot legally work in the U.S. None of them bars medical care, wage-loss checks or a rating for your physical impairment.

Loss of earning capacity. For some permanent injuries, such as back injuries, the permanent disability award can reflect how much the injury cuts what you are able to earn. In Zaldivar v. Hallmark Drywall (LIRC, 2014), the commission held that federal law does not stop it from assessing that loss for an undocumented worker. Because the worker could not legally obtain work in the United States, LIRC found that fact had to be taken into account. Status is a factor in the rating, not a bar.

Vocational retraining. Retraining may be limited. In the same case, LIRC noted that the worker’s status stood in the way of federally funded vocational rehabilitation through the state’s Division of Vocational Rehabilitation (DVR).

The refuse-to-rehire penalty. If your employer, without reasonable cause, refuses to take you back when suitable work within your physical and mental limits is available, it can be ordered to pay the wages you lost, up to one year’s wages (Wis. Stat. § 102.35(3)). In Amalga Composites, Inc. v. LIRC (Wis. Ct. App. July 5, 2017, No. 2016AP1445, unpublished), an employer let an injured worker go after she was released to return to work, citing problems with her Social Security number. The Court of Appeals did not decide whether federal immigration law blocks the penalty for an undocumented worker. It sent the case back to LIRC to decide first, as a fact, whether she was undocumented. On remand, LIRC found the employer had not carried its burden of proving that, and the penalty stood. Because the appeals court’s decision is unpublished, it is not binding precedent.

What if my employer threatens me or won’t take me back?

• You cannot sign away your rights. Generally, no agreement by an employee to waive the right to compensation is valid, and an employer may not take the cost of its workers’ comp insurance out of your wages (Wis. Stat. § 102.16).
• The employer pays the refuse-to-rehire penalty itself, not its insurance company (Wis. Stat. § 102.35(3)).
• Being fired over your status does not stop temporary disability checks while you are still temporarily disabled (Arista-Rea, above).
• Get advice before you decide anything. If your employer pressures you not to report the injury, or offers cash instead of a claim, talk to a workers’ compensation attorney first.

What should I do now?

1. Get medical care. Tell the provider it is a work injury. You have the right to choose your own doctor, and to a second choice if you notify your employer or its insurer (Wis. Stat. § 102.42(2)(a)).
2. Tell your employer within 30 days, in writing if you can, and keep a copy. For a condition that develops over time, the 30 days can run from when you knew or ought to have known that it was disabling and caused by your work. Missing the 30 days does not bar the claim if the employer was not misled. But if nothing other than medical treatment or burial expenses has been paid and no application for hearing is filed within 2 years of the injury (or of when you knew or ought to have known it was work-related), the right to compensation is barred, unless the employer knew or should have known of the injury within that time (Wis. Stat. § 102.12). Your employer must report the injury to its insurance carrier within 7 days after learning of it, and the insurer reports lost-time claims to DWD. More: how to file a workers’ comp claim in Wisconsin.
3. Keep every paper: pay stubs, messages about your schedule, medical records and every letter from the insurer. If your employer was required to carry workers’ comp insurance but did not, you can apply to the state’s Uninsured Employers Fund (Wis. Stat. §§ 102.80–102.81), and records of your work and pay (pay stubs, bank records, wage statements) help prove the claim.
4. If the insurer denies the claim, it must tell you in writing why and that you have a right to a hearing. You or your attorney can then file an Application for Hearing (form WKC-7) with DWD, which has run workers’ comp hearings since January 1, 2026. DWD’s instructions say to fax it, mail it or file it in person, with medical documentation supporting the claim; DWD will not schedule a hearing until that medical support arrives, and if you have an attorney, the attorney must also file a Certification of Readiness. There is no filing fee, and an administrative law judge decides. The application form asks for your Social Security number and says that providing it is mandatory under a federal Medicare reporting law; if you do not have one, talk to an attorney before you file, and never use a number that is not yours. More: what to do if your claim is denied.
5. Watch for fake hearing emails. On July 20, 2026, DWD warned that scammers were targeting Spanish-speaking injured workers with fake online hearings to extort fees. DWD’s Worker’s Compensation Division schedules hearings only by written letter. An email inviting you to an online “hearing” is not how DWD schedules one: pay nothing, and check with DWD or your attorney first.
6. Talk to an attorney before you sign anything. Your first consultation with our office is free. Here is how legal fees work in Wisconsin workers’ comp cases.

For a relative who reads Spanish, DWD publishes its guide for injured workers in Spanish (WKC-18-S-P).

A hearing win from our practice: an injured immigrant worker

Attorney Lisa Pierobon Mays represented Rosa (the firm’s account does not identify her immigration status), an immigrant mother from Mexico who was the main housekeeper at a large apartment complex, at a contested administrative hearing. Rosa hurt her lower back on October 4, 2021: she was pulling a stuck bag out of an outdoor dog-waste bin when it suddenly gave way, and she fell backward onto the asphalt. The insurer acknowledged the injury but claimed it was a minor strain and that she had fully recovered. It relied on the report of its own examiner (the independent medical examination, or IME), which ignored three MRIs.

The fight was over the medical evidence. The administrative law judge ruled for Rosa and awarded:

• lost-time benefits (TTD), with no offset for the long-term disability benefits she had already received for the same period;
• a 15% permanent partial disability (PPD) rating;
• payment of all her medical treatment and reimbursement of her medical mileage, and the insurer remains responsible for reasonable and necessary future treatment of the work injury.

The judge reserved ruling on loss of earning capacity because she had not yet tried to return to work or vocational rehabilitation. Read Rosa’s story. Every case turns on its own facts; a past result does not guarantee a similar outcome.

Frequently asked questions

Can I get workers’ comp in Wisconsin if I don’t have papers?

Yes. In Wisconsin, a claim cannot be denied solely because you are undocumented. The law covers every person working for another under a contract of hire, express or implied (Wis. Stat. § 102.07(4)(a)), and none of its listed exceptions turns on immigration status. If you are otherwise covered, you can receive medical care, wage-loss checks while you heal and permanent disability benefits.

How much does workers’ comp pay an undocumented worker?

The same as any other worker: generally two-thirds of your average weekly wage while the work injury keeps you from working during your healing period (after a three-day waiting period; those first three days are paid too if the disability continues past the seventh calendar day or causes permanent disability), up to $1,326 a week for 2025 injuries and $1,375 a week for 2026 injuries, plus reasonable and necessary medical care paid by the insurer or self-insured employer.

Can my benefits be cut off if I’m fired for not having papers?

Not for that reason alone. In Arista-Rea v. Kenosha Beef International (LIRC, 1999), the commission held that temporary disability benefits cannot be cut off merely because an undocumented worker is let go, as long as the worker is still temporarily disabled.

What if my employer tells me not to report the injury because I’m undocumented?

Your claim depends on notice: tell your employer about the injury within 30 days, in writing if you can (Wis. Stat. § 102.12). Generally, no agreement to give up your right to compensation is valid (Wis. Stat. § 102.16). Talk to a workers’ comp attorney before you accept any cash arrangement.

How much does a workers’ comp lawyer cost in Wisconsin?

The first consultation with our office is free. In a disputed case, Wisconsin generally caps the attorney’s fee at 20% of the disputed amount recovered (Wis. Stat. § 102.26), and the fee must be approved by DWD. Mays Law Office handles workers’ compensation cases on a contingency fee, so if nothing is recovered there is no attorney’s fee; case costs are separate and can be deducted from a recovery.

Talk to a Wisconsin workers’ comp attorney

If you were hurt at work in Wisconsin, your immigration status does not take away your right to claim. Lisa Pierobon Mays has practiced law in Wisconsin since 1995, concentrates her practice on workers’ compensation for injured workers, and served on the Board of Directors for District 7 of the Wisconsin Association for Workers Compensation Attorneys (WAWCA) from 2001 to 2025. Learn more about our Wisconsin workers’ compensation practice, or contact us for a free consultation. Se habla español.