Disability Benefits for Undocumented Workers: What Options Exist?
Undocumented workers play an essential role in the economies of many Southern states, yet when injury or illness strikes, they often find themselves unsure where to turn for help. While undocumented immigrants are not eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), there are other potential sources of support—especially in states like Arkansas, Oklahoma, Mississippi, Tennessee, Texas, and Louisiana, where undocumented labor is a vital part of the workforce. Our Arkansas and Nationwide Social Security Attorneys at the American Disability Action Group are here to help.
Are SSDI and SSI Available to Undocumented Workers?
In short, no—both SSDI and SSI are federal programs that require applicants to have lawful immigration status. SSDI is based on your work history and the Social Security taxes you’ve paid. Even if an undocumented worker has been paying taxes through a fake or borrowed Social Security number, they still won’t qualify unless they have valid immigration status.
SSI is a needs-based program, but it also requires lawful presence in the U.S. Some specific categories of non-citizens may qualify (such as refugees or asylees), but undocumented immigrants do not.
So, What Options Do Exist?
While SSDI and SSI are off the table, undocumented workers in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, and Louisiana may still have options depending on their specific situation.
- Workers’ Compensation (Depending on the State)
Surprisingly, many states allow undocumented workers to file for workers’ compensation benefits if they are injured on the job.
- Arkansas and Oklahoma both allow undocumented workers to access workers’ compensation benefits.
- Mississippi courts have also ruled that undocumented workers are eligible for these benefits.
- Tennessee provides benefits regardless of immigration status, but employers sometimes challenge claims.
- Texas is unique because workers’ compensation coverage is optional for private employers. However, if an employer has coverage, undocumented workers may still file a claim.
- Louisiana courts have consistently upheld the rights of undocumented workers to receive workers’ comp.
These benefits typically cover medical treatment, lost wages, and permanent disability compensation. Legal representation can be crucial in these cases, as employers or insurers may challenge an undocumented worker’s right to collect benefits.
- Personal Injury Lawsuits
In cases where a workplace injury occurred due to someone else’s negligence (not necessarily the employer), undocumented workers may file a personal injury lawsuit. This may be an option if a third party caused the injury, such as a contractor or equipment manufacturer.
- Community and Medical Support
Undocumented individuals may be eligible for certain medical assistance programs at the local level. In all six states, community health centers offer low-cost or sliding-scale services regardless of immigration status. Local nonprofits may also offer emergency financial or housing assistance for disabled individuals.
What Should You Do?
If you or a loved one is undocumented and unable to work due to a disability, it’s important to speak with a knowledgeable advocate. At American Disability Action Group, we can help guide you through the options available in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, and Louisiana—even if traditional federal benefits aren’t an option.
Contact us today for a confidential conversation. You still have rights, and we’re here to help you understand them.
Source:
ssa.gov/ssi/spotlights/spot-non-citizens.htm
