Do Insurance Companies Deny Claims Based on Immigration Status?

Note: Marta’s story is a fictional scenario presented to help illustrate how our attorneys at The Law Offices of Craig L. Cook protect the rights of everyone, regardless of immigration status. 

Many people worry about insurance companies denying claims based on immigration status. We want to assure you we will not let this happen to you. Federal and state laws such as the Civil Rights Act of 1964 are designed to protect all individuals, including undocumented immigrants. 

This means immigrants living in the United States are safe from discrimination when it comes to filing claims for personal injury and workers’ compensation. 

Undocumented people in both Arkansas and Oklahoma can pursue these types of claims. Immigration status does not affect your ability to file a lawsuit or receive compensation. We are here to make sure no one tells you otherwise. There is no need to be afraid— we’ve got you!

Legal representation for minorities

We understand many people’s hesitancy to file a claim, especially when questions about legal status or eligibility arise. Data published in 2024 shows that legal representation for immigrants has decreased significantly. Legal representation is crucial for challenging claim denials, which are unfortunately common.

39% of the same insurance companies consistently deny claims for constituents, with the majority of respondents being people of color or immigrants facing questions about their U.S. citizenship or other legal statuses.

Studies suggest that racial disparities exist in the insurance industry, particularly in claims handling. Minority groups, many of whom are concerned about deportation or access to health care coverage, are disproportionately affected. It is clear that more must be done to ensure that everyone, regardless of legal status, has access to the legal representation they need.

This is why we are here. We will protect your rights, help you navigate government systems, offer affordable representation, and improve your chances of success with your claim.

You deserve a chance to seek compensation for your injuries regardless of whether you are a U.S. citizen or your immigration status. We will not judge you or turn you away—we are your local allies here to protect you.

Here at The Law Offices of Craig L. Cook, we are a trusted safe space for immigrants. Your claims will not be dismissed. Our attorneys are experienced at handling claim denials and navigating issues with the gov, and we will not let them take advantage of you.

Immigrant rights

Regardless of a person’s immigration status, everyone is granted certain rights and protections under the U.S. Constitution. These constitutional rights for undocumented immigrants include, but are not limited to:

• the right to due process
• the right to legal representation
• the right against unreasonable search and seizure
• the right to record interactions with law enforcement
• the right to not be arrested or detained without a valid reason

How insurance works

Insurance companies should not be asking about or using immigration status as a reason to deny claims, whether it’s for personal injury or health coverage. They may use delay tactics, offer low settlement amounts, or intimidate claimants to avoid giving people fair compensation for their injuries. We won’t let them do this. In Arkansas and Oklahoma, claims are based on accident liability, not immigration status. At least, that’s how it should work. 

This means that if you were in an accident and filed a personal injury claim, the outcome is determined by the driver at fault, not where you stand when it comes to legal residency or health coverage. Both Arkansas and Oklahoma use a comparative negligence system. This means that if you are found to be less than 50% at fault for an accident, your compensation will be reduced by your percentage of fault. However, if you are 50% or more at fault, you cannot recover any damages. It’s critical to ensure providers and insurers treat all claimants fairly, regardless of their status.

Workers’ compensation and personal injury

What is workers’ compensation for undocumented workers? Arkansas and Oklahoma law define “employee” broadly, which includes undocumented workers and those unsure of their immigration status. Workers’ compensation can be recovered after a workplace injury occurred, as long as the injury is a direct result of performing duties in line with your job description. This can be filed regardless of fault, and employees can seek undocumented worker benefits for lost wages, medical treatment, and other expenses. Eligibility requirements vary but generally include proof that the injury occurred while performing job-related tasks.

Workers’ compensation for non-citizens works the same way as workers’ compensation for everyone else— or rather, it should. We make sure insurance companies don’t discriminate against you based on race, ethnicity, or immigration status. Medical treatment is a crucial part of workers’ compensation benefits, ensuring injured workers get the care they need to recover and return to work.

Personal injury, however, does involve fault. This type of claim is filed after someone gets hurt due to the negligent acts of another party. The other party is at fault if they owed the injured person a duty of care and breached that duty of care, resulting in the person’s injury.

Auto accidents are a common example of personal injury if the at-fault driver’s negligence caused harm to the other driver. In addition to lost wages and medical bills, injured parties can seek damages for pain and suffering. If they were involved in an auto accident, property damage is also covered under personal injury.

Types of personal injury claims include:

• burn injuries
• auto accidents
• product liability
• electrical injuries
• trucking accidents
• medical malpractice
• nursing home negligence

Learn more about the difference between workers’ compensation and personal injury. 

Marta’s story

Marta is an undocumented immigrant who was the victim of a trucking accident. Her injuries were severe, and when she filed a personal injury claim against the driver whose speeding caused her harm, the insurance company denied her claim due to her immigration status. Marta wasn’t sure if this was allowed, so she contacted an attorney to ask about her rights. He assured her that it was illegal for the insurance company to have done so, and he helped her fight back to get the compensation she deserved for lost wages, medical bills, and the pain and suffering she experienced following the accident. Together, they recovered $150,000. They also sent a message to the insurance company to make the point that they aren’t allowed to discriminate on the basis of immigration status. Marta is now fully healed from the accident—physically, emotionally, and financially. The settlement money helped her get back on her feet. 

Help from a friend

If your insurance claim was denied based on immigration status or you are afraid it will be, we are here to help. Our attorneys at The Law Offices of Craig L. Cook support injured people working through difficult legal battles. 

You don’t have to do this alone—we are here to enforce laws that require insurance companies to rightfully compensate claimants regardless of immigration status. 

It is important to get a local lawyer because national lawyers won’t take the time to understand your situation. Clients at our firm speak directly with real, local attorneys—not call centers. 

We’ve helped thousands of clients across Arkansas and Oklahoma get what they deserve regardless of background, status, or language. Having us on your side levels the playing field, especially if you’ve never filed a claim before. 

If you are injured and unsure of your next steps:

1. Contact us.
2. Ask us any questions. 
3. Don’t sign anything without reviewing it. 

We understand the claims process can be scary, but you don’t have to fight the system alone. We are here to protect you from discrimination. 

Consultations with us are free, easy, and confidential. We only get paid if you get paid. Call today!

Frequently asked questions and answers