Can You Pursue a South Carolina Workers’ Compensation Claim If You’re Deported or Detained?

If you or a family member suffers an injury on a South Carolina jobsite, the medical repercussions are often only part of the problems you may encounter. For undocumented workers and their loved ones, the threat of detention or deportation can elicit additional fears. In these situations, many injured workers fear that their valid workers’ compensation claims will disappear once immigration enforcement becomes involved. 

In South Carolina, that is not how the workers’ compensation system operates. Under the law, workers can still file and pursue workplace injury claims even if they are detained or removed from the country. However, these cases must be managed carefully by an experienced workers’ compensation claim attorney. 

Understanding South Carolina Workers’ Compensation Rights for Undocumented Workers 

Under South Carolina’s Workers’ Compensation Act, “employees” include “aliens” and workers. This applies to both lawfully and unlawfully employed individuals, providing a legal basis for undocumented workers seeking benefits after an on-the-job injury.

Workers’ compensation is intended to cover medical treatment and disability benefits when you suffer an injury arising out of and in the course of employment. The South Carolina Supreme Court has addressed immigration status in the workers’ compensation context and rejected the notion that undocumented status automatically bars benefits. This matters in South Carolina communities, where construction, hospitality, warehousing, landscaping, and cleanup jobs can involve real injury risk, and where fear of firing can keep people quiet when they need care.

You do not have to prove citizenship to report an injury, request authorized treatment, or pursue a hearing at the South Carolina Workers’ Compensation Commission. 

Can You File or Continue a Workers’ Comp Claim If Deported?

While deportation can change the logistics of pursuing a workers’ compensation claim, it does not automatically reject the right to file. Pending workers’ comp claims can still go through the workers’ compensation system even if a worker has been removed from the country. However, the undocumented worker and their attorney usually need a clear plan for communication. 

• One practical issue is medical care. South Carolina workers’ comp is built around authorized treatment, and insurers often want you treated by approved providers. If you are outside the United States, that can create disputes about what care is covered, how to document it, and whether you can return for additional medical evaluations. 
• Another issue is wage replacement, including temporary total disability benefits, where the insurance company may argue about work capacity, job availability, and what would have happened but for deportation. These are fight points, not automatic deal breakers, because the details matter.

When checks are owed for work done, getting that money to a worker located outside the United States can require extra coordination, such as confirming mailing addresses, setting up secure delivery, and ensuring the carrier does not use “we cannot reach you” as an excuse to stall. With the right documentation and consistent follow-up, many claims can continue while you are abroad. This is why hiring an experienced workers’ compensation attorney is crucial to securing the benefits and pay you are owed. 

What If You Are Placed in a Detention Facility?

Detention can interrupt your ability to attend appointments, respond to adjusters, or appear for hearings, but detention does not erase your rights. The key is to prevent silence and missed deadlines from being mischaracterized as abandonment.

If you are detained, an attorney can usually communicate with the carrier and the Workers’ Compensation Commission, request records, and keep your workers’ comp claim active while you deal with restricted phone access and changing facility locations. Family members can also help gather documents and keep contact information updated, but it is usually cleaner to have the lawyer as the primary point of contact to reduce confusion and avoid informal statements being used against you.

Although immigration status does not affect an injured worker’s entitlement to benefits, prosecuting the case to resolution could prove difficult if the injured worker has been deported and is thus not available for an in-person hearing. However, under the circumstances and in the interest of fairness, many commissioners are allowing certain proceedings to move forward virtually.

If you are worried about being placed in a detention center, it helps to act early to protect your medical care and income. Contact an experienced attorney at Steinberg Law Firm to discuss next steps. 

What the Employer and Insurance Company Might Do

It is important to be realistic about how some employers and carriers react when they think a worker has fewer options. Immigration status and physical absence can become leverage points for delay and denial.

These are common moves you may see, and knowing them ahead of time helps you counter them.

• They may claim you are not a real employee or that you were misclassified as an independent contractor, even when your job looked and functioned like regular employment.
• They can push for recorded statements or paperwork that digs into immigration status, hoping the fear of exposure stops the claim.
• They can drag out authorized treatment approvals, then blame gaps in care on you when you miss appointments due to detention, removal, or lack of transportation.
• They may argue that wage benefits should stop because you are not physically present in South Carolina, even when the work injury remains the reason you cannot return to your prior job.

The through line is simple: the more organized your work injury documentation is, and the more consistently your side responds, the harder it is for the carrier to manufacture a reason to cut benefits.

How an Attorney Can Help When Deportation or Detention is on the Table

When immigration risk is present, legal help is not just about filing forms. It is about keeping the claim alive when everything about your life is unstable.

A workers’ comp attorney can coordinate medical documentation, communicate with the employer and carrier, and make sure required notices and filings happen on time, even if you cannot physically show up. If you are detained or removed, your lawyer can also help set up a workable system for signatures, updates, and attendance issues so the case does not stall. In many claims, a lawyer can also evaluate whether a settlement makes sense to provide stability when ongoing treatment access is uncertain.

You do not need a perfect situation to protect your rights, but you usually do need someone who will stay on top of filing deadlines and pursue the compensation you deserve. This is why hiring a workers’ compensation lawyer early in a workers’ comp claim is critical. 

Frequently Asked Questions

Can my family receive benefits if I am deported? 

Yes, depending on the benefit type and case posture, funds may be payable and can often be delivered to you or handled in a way that supports your household, but the paperwork and pay logistics need to be set up correctly.

What if I am injured but too afraid to report it because of my immigration status? 

Although it is a frightening prospect, waiting to report an injury can cost you, as South Carolina requires reporting regardless of an employee’s immigration status.

How long do I have to file a workers’ compensation claim in South Carolina?

In many cases, you must give notice within 90 days and file a claim within two years, with specific rules and exceptions that depend on the injury type.

Contact Our South Carolina Workers’ Compensation Claim Attorneys at Steinberg Law Firm Today

If you were hurt at work and deportation or detention is part of your reality, it is still possible to pursue medical benefits and compensation under South Carolina workers’ compensation law. 

To talk through next steps in a confidential consultation, contact the Steinberg Law Firm at (843) 720-2800.