When most Tennessee residents are injured on the job, they have the right to seek workers’ compensation benefits. But do undocumented workers have equal rights to workers’ compensation benefits after work injuries?
The Nashville workers’ compensation attorneys at Ponce Law explain that a recent court ruling states the answer to that question is yes—undocumented workers have rights to the same scale of work comp benefits as documented workers.
Reports indicate a Davidson County Chancery Court judge issued the ruling earlier this week after hearing the case of Carlos Martinez, a 39-year-old undocumented worker from Guatemala. The man was using a lawnmower when he slipped and fell. He was then struck by the machine’s blades and suffered serious injuries to his arms. Brian Dunigan, a senior attorney at Ponce Law, represented Mr. Martinez on the case.
Due to the victim’s status as an undocumented worker, The Tennesseanexplains that he was facing a cap on the amount of workers’ compensation benefits he could receive for his injuries. But Chancellor Russell T. Perkins ruled the law unconstitutional because it attempted to preempt federal immigration law.
“This was one of our major driving points in bringing this case, was test that statute,” stated Mr. Dunigan. “These folks come here to work, and it just winds up being a very unfair situation.”
As a result of the ruling, Martinez was awarded about $30,000 in wage loss damages.
A spokesman for the Tennessee Attorney General’s office stated that the office was reviewing the outcome of the case and what their next steps may be.
As a Non-Tennessee resident, I selected Ponce Law after reading the reviews. You guys were spot on. This firm has some of the nicest, knowledgeable and easiest lawyers and staff to work with. I was amazed and very pleased with their diligence and work ethic! Even if I was worried about something and called for advice, they were quick to respond and answered my questions. I will highly recommend this firm.
Terrence Harris 5 months ago
Ponce Law Firm, has been the best experience for both of my children. Attorney helped me through all the process in a very timely profesional way. The Staff has been by far the best! I highly recommend this law firm.
Ailed Martinez 5 months ago
Always very professional. When we first called we had no idea if we even had a case, they told us we did. And even though the resolution took a little bit longer than expected, the wait was worth it. They get results and I really appreciated that they consistently gave me updates on the status of my case without me even asking. Thank you Ponce Law!
Karla Drumm 3 months ago
Everyone at Ponce law is extremely helpful. Cheyenne went above and beyond to help us. We got an amazing outcome with our settlement and the whole process was easier than we had ever expected. We got everything we asked for and more.
Ashley Brossman 2 weeks ago
I had a really good experience with Ponce Law. I couldn't be more satisfied with my case. My settlement was satisfactory as well. I had a really complicated situation either my property damage and Ponce Law helped me work through all of it. Thanks so much!!
Soraksa Touch 2 months ago
Have you ever been caught between a Hyundai and a hard place? I have, Ponce Law was a call away and helped me through the entire process. Very friendly staff who explained every step of the process to me and made sure I understood what was going on. When I got injured I didn't know what to do but I'm glad I put in a call to Ponce Law.
matt kenney a month ago
HEAR IT STRAIGHT FROM OUR CLIENTS
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I was on I-40 coming into Nashville and a car ran into the back of me. The accident was serious, and I needed surgery. I did ask an attorney friend of mine whom I should call, and he said call Ponce Law. The folks at Ponce Law were outstanding and got us a large settlement.