The Smart Techie was renamed Siliconindia India Edition starting Feb 2012 to continue the nearly two decade track record of excellence of our US edition.

Legal Rights of Foriegn Nationals Injured On a Job

Brenda Boudreaux
Sunday, October 27, 2002
 Brenda Boudreaux
AN ABUNDANCE OF FEDERAL AND STATE LAWS, regulations, and procedures protect the legal rights of U.S. employees who sustain serious injury, illness, or death on the job. These legal rights provide for monetary benefits to assist those employees who encounter loss wages due to an inability to work. Among them are Social Security benefits consisting of Social Security Disability (SSD), Supplemental Security Income (SSI), and Medicare. Other sources of benefits include workers' compensation, state- disability trust funds, and employer-sponsored disability benefits. The following is a discussion of the various sources and eligibility requirements. In addition, this article explains that some sources provide full protection for foreign national workers while others provide limited protection and, in some cases, no protection.

Social Security Overview
Social Security is an investment plan mandated by the federal government for the benefit of employees working in the U.S. The concept is simple: When you earn money, you pay taxes into the Social Security system. You receive a return on your investment when you retire, or if you should become disabled. If you should die, your survivors collect the benefits. Social Security taxes are paid, in equal proportions, by employees and employers. In most cases, social security taxes are deducted directly from an employee's paycheck and labeled "FICA" on the pay stub. Taxes paid into social security are kept in a special trust fund administered by the Social Security Administration (SSA). The money is used for the sole purpose of paying Social Security and Medicare benefits. All credits earned remain on an employee's SSA record indefinitely.

Title II of the Social Security Act dictates that everyone who gains income while working in the U.S. for a private entity must pay social security taxes. This includes foreign employees: permanent residents, those on temporary work visas, and even those foreign employees who are unauthorized to work. Citizens of countries who have signed Totalization agreements with the U.S. may have their coverage assigned to their country of citizenship. (Currently, the U.S. has no such agreement with India).

Social Security Disability

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