Undocumented immigrants are entitled to workers’ compensation and other benefits in Nevada and elsewhere in the United States. As employees, they have access to benefits such as medical treatment, temporary disability, permanent disability, and death benefits. Undocumented immigrants are allowed every same benefit as a normal employee, besides vocational rehabilitation services. This law has been controversial since it was signed, as some people believe as workers they deserve compensation and benefits, while others believe that as an illegal immigrant they should not be entitled to worker’s compensation. The Immigration and Nationality Act prohibits discrimination based on someone’s citizenship status. Undocumented immigrants also may be able to drive in Nevada with a driver authorization card, without getting in trouble with the police.
Undocumented Immigrants’ Worker’s Compensation Benefits
In Nevada, an employee is someone who is in service of an employer, whether or not they are lawfully or unlawfully employed. Regardless of immigration status, all employees who get injured at work have workers’ compensation rights. Benefits that all employees receive provide medical treatment, monetary compensation, and mileage reimbursement. An undocumented immigrant can obtain their benefits by filing a claim for worker’s compensation. For example, if a man who was a bellhop at a hotel fell and injured his leg, he would be eligible for all of those benefits, such as medical treatment. Although they are entitled to all of those benefits, there is no obligation for an employer to provide vocational rehabilitation services to an undocumented immigrant.
Undocumented Immigrants Driving in Nevada
Undocumented immigrants in Nevada are unable to receive a driver’s license, but they are eligible to receive a a driver authorization card. A driver authorization card is very similar to a driver’s license, besides that they are not valid identification to use in certain situations, such as boarding an airplane. Undocumented immigrants may be able to receive a driver authorization card without showing a birth certificate or a United States passport. It is illegal for the DMV to report an undocumented immigrant to ICE, under the Nevada Law NRS 481.063.
How to Receive a Driver Authorization Card
There are specific requirements and documented that the undocumented immigrant must be able to meet in order to apply for a driver authorization card.
- Proof of Identification
- Proof of Nevada residency
- Translations of any non-English documents
If an undocumented immigrant has any unpaid traffic tickets or a suspended license, they are not eligible for a driver authorization card in Nevada. They must be able to show proof of identity by a U.S. military ID card, a U.S. Certificate of degree of Indian blood, or a DD Form 214, which is a certificate of release or discharge from Active Duty. If they are unable to provide one of those, they can show proof of identity by showing two documents that include a U.S. driver’s license, a U.S. driver authorization card, a foreign birth certificate, or a consular ID card. Undocumented immigrants must show proof of residence by showing two documents such as a rent receipt, public utility record, lease of a residence, employment check stub, bank or credit card statement, state or federal court document, record from a Nevada School, voter registration card, or public assistance receipt of benefits.
Driver Authorization Card Restrictions
There are a number of restrictions that follow receiving a driver authorization card in Nevada. You are not allowed to drive commercial vehicles with a driver authorization card, as they require a commercial driver’s license. Once a driver authorization card is issued, there are four years of driving until it expires. Drivers should be allowed to drive in any state with an issued driver authorization card from Nevada, although it depends on the DMV laws in that state. If you are pulled over in Nevada without a driver’s license or a driver authorization card, you will typically be charged with a misdemeanor, facing up to 6 months in jail and a fine up to $1,000.
Rules and regulations concerning undocumented immigrants in Nevada can be very confusing at times, and it is important that you have an experienced legal team. If you or a loved one is an undocumented immigrant and has gotten hurt on the job, Richard Harris Law Firm has qualified attorneys that will make sure you receive worker’s compensation. Richard Harris Law Firm will also inform you about the rules of the road and assist you with how to receive a driver authorization card, as long as you are eligible.
