Workers' comp for US Citizens working for a foreign government in the USA?

by Mardelle
(Frederick, MD)

My friend worked for the Consolate office of a foreign government. She is a US Citizen and was employed in the US. She was injured on the job, and received Worker's Comp benefits for a while after the injury.

Before receiving all the necessary treatments, and before being cleared by her doctor, she was ordered back to work (on a Friday, received notice that she is to be in work on Monday). She worked for a few days before being unable to work due to pain.

The foreign government is claiming that they do not have to have an approved Worker's Compensation plan as they have Sovereign Immunity under the Foreign Sovereign Immunities Act. Do you know what the rule is for this? If there is no workers' comp, how would she get compensation for treatment? Any information you can give would be appreciated. Thank you.

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ANSWER for "Workers' comp for US Citizens working for a foreign government in the USA?":

Mardelle (Frederick, MD):

Unfortunately, without the name of the foreign government we are unable to answer your questions. Generally speaking, foreign governments are not subject to American laws which required most employers to carry workers' compensation insurance.

The foreign government, though, may have its own laws related to workers' compensation for employees, whether native or foreign. You'll have to check with the specific government's consulate.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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