Workers’ Comp Rights for Undocumented Workers in KS & MO

Workers’ Compensation: Your Right, No Matter Your Status

If you’re hurt at work, you deserve help. Period. Workers’ compensation laws in Kansas and Missouri don’t care about your documentation status—they’re built to protect employees like you. But let’s be real: the process can be confusing, especially if you’re worried about your background being a problem.

Here’s the truth: you have rights. And at Phalen Law, we’ve been fighting for those rights for over 50 years. Whether you’re in manufacturing, construction, or another physically demanding job, we’re here to make sure you get the support you need.

Do Workers Without Documentation Qualify for Workers’ Comp?

Short answer: Yes.

Kansas and Missouri laws protect workers, full stop. If you’re employed and injured while doing your job, you’re entitled to workers’ compensation benefits. This includes covering your medical bills and part of your lost wages.

Kansas: Clear Protections for All Employees

Kansas law makes it crystal clear: workers’ compensation applies to all employees. The Kansas Workers Compensation Act defines “employee” broadly—no exclusions based on documentation. This was upheld in 2017 by the Kansas Supreme Court, which confirmed undocumented workers’ rights to compensation (source).

Missouri: Covering All Employees

Missouri follows a similar approach. Employers with five or more employees (or just one in construction) must provide workers’ compensation coverage. While Missouri laws don’t specifically mention undocumented workers, courts have consistently ruled that all employees qualify, no exceptions (source).

Why Don’t Undocumented Workers File Claims?

So, if the law has your back, why don’t more undocumented workers come forward after an injury?

1. Fear of Retaliation: Nobody wants to lose their job, especially if finding another feels impossible.
2. Misinformation: Many workers think they need a Social Security number to file a claim—not true.
3. Language Barriers: Forms, legal jargon, and the process itself can feel overwhelming without help.

The good news? There are ways to overcome these hurdles, and we’re here to guide you every step of the way.

Steps to Take After a Workplace Injury

If you’re undocumented and hurt on the job, don’t wait. Here’s what you need to do:

1. Report the Injury Immediately
   Tell your employer about the accident as soon as it happens. Waiting too long could hurt your claim.
2. See a Doctor
   Get medical care. Make sure the doctor documents your injuries in detail—it’s vital for your case.
3. Document Everything
   Keep records of what happened, your symptoms, and any communications with your employer or their insurance company.
4. Contact a Workers’ Compensation Attorney
   Legal guidance makes all the difference. An attorney ensures your claim is filed properly and fights back if your employer tries to deny you benefits.

Employers Must Cover All Workers, Documented or Not

Here’s the thing: employers can’t deny you workers’ compensation based on your status. It’s illegal. In fact, your employer doesn’t even need your Social Security number to process a claim. If they push back or try to intimidate you, they’re breaking the law—and that’s where we come in.

The Current Climate: Why It’s Time to Know Your Rights

With political tensions high and stricter policies on the horizon, workers without traditional documentation may feel even more hesitant to file claims. But here’s what you need to remember:

• Workers’ comp is about your injury, not your immigration status.
• Employers cannot retaliate against you for filing a claim.

As we head into 2025, it’s more important than ever to stand up for your rights. Don’t let fear or misinformation keep you from getting the support you need to recover.

Why Choose Phalen Law?

At Phalen Law, we’ve spent decades protecting injured workers in Kansas and Missouri. We know how tough it can be to step forward, especially when you’re worried about your status. That’s why we fight tirelessly to ensure all workers—no matter their background—get the benefits they deserve.

When you work with us, you’re not just hiring an attorney. You’re getting a partner who listens, understands, and takes action.

Call for a Free Case Evaluation

If you’ve been hurt at work, don’t wait. Time matters in workers’ compensation cases, and the sooner you act, the better your chances.

With offices in Pittsburg, Coffeyville, Kansas City, and Joplin, Phalen Law is here for workers across Kansas and Missouri. Call us or fill out our Free Case Evaluation form today to get started.