workers comp/wage issues/illegal alien

[kskinner]

I live in the state of Maryland. My finace, who is not yet a legal citizen (we are going throught the process) therefore, not permitted to work in the US, works for his brother's company as a contractor for cable installation. He recently got hurt on the job he cut his finger doing work related activities which required him to get 14 stitches. His brother and him also got into a fight recently and now his brother is not trying to pay him the full amount for his work. Does he have any rights since he is not permitted to work in the U.S?? Does he qualify for worker compensation and can he sue for the not getting the wages he received?? He does have documentation stated that he is an employee for their company.

Thank you!!

[bamboozled]

Actually, he can file for WC but know this. The brother is screwed for hiring people under the table and not paying taxes or WC insurance on him. There are laws protecting being exploited by your employer and he certainly is.
This is going to make the family unit unfriendly. He should report the non payment to the LABOR DEPARTMENT and they will schedule a hearing.
If I were the brother (the employer) I would pay him and his bills without the hearing. He has opened a bucket of worms and now he will "pay the piper."

Tell his employer he is filing a WC claim. Guess what, he will claim, he does not know him and he never worked for him as there is no paper trail. Try and get another worker ot write a letter, get it notorized that he witnessed him working from a date to______? Then, give it to the commissioner.
Good luck, this is why working under the table sucks....you cannot even prove you really did work for the person who hired you. He is not in any legal trouble. Does he have a green card??? That is another issue you need to deal with. If he does not, get one and quick!
Also, if you are injured @ work, you have 72 hours to file an incident/injury report or you get zero. You did not say if he filed that or not and I cannot assume anything here. Now you know the details....feel better and I hope you get your citizenship soon.