Undocumented workers in California have the same rights to workers’ compensation as any other workers. This law exists to protect undocumented workers from being taken advantage of by employers. You have the right to file for and receive workers’ compensation benefits following a work-related injury.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys know that an injury at work can be difficult at the best of times, but is more difficult if you are undocumented. We help you navigate this reality to seek the compensation you deserve.
Undocumented Workers Are Protected Under California Workers’ Compensation Law
California law makes it abundantly clear that all employees are covered by workers’ compensation. This includes employees who are undocumented as well. Employers have to provide workers’ comp insurance for every worker.
This means you can file a claim if you were injured while performing your job duties, even if:
- You don’t have a Social Security number
- You used a borrowed or false SSN to get hired
- You were paid in cash
- You work for a labor contractor
- Your employer threatens to fire you for reporting the injury
Your right to workers’ comp is based on the work you performed, not your immigration status.
What Benefits Can Undocumented Workers Receive?
Even if you’re undocumented, you have the right to nearly every benefit that documented workers can receive. This can include:
1. Medical Treatment
You should be able to get medical care for any injury you receive at work. This could include:
- Doctor visits
- Surgery
- Physical therapy
- Medications
- Medical devices
2. Temporary Disability Benefits (Wage Replacement)
If you’re not able to work because of your injury, you should receive temporary disability payments. This will help cover two-thirds of your average weekly wages.
3. Permanent Disability Benefits
If you’re permanently injured or disabled, you could get permanent disability payments. The amount is typically dependent on the severity of your condition.
4. Supplemental Job Displacement Benefits (SJDB)
If you can’t go back to work because of your injury, you might qualify for a voucher to help retrain you to do a different job. Some programs may require legal work authorization which could limit your options. However, the voucher is still available.
5. Death Benefits for Families
If a worker dies on the job, their dependents, regardless of immigration status, can receive death benefits.
Your Employer Cannot Use Immigration Status Against You
California law strictly prohibits employers from retaliating against undocumented workers who report injuries or file workers’ comp claims. Employers cannot:
- Threaten to call immigration authorities
- Fire you for reporting an injury
- Refuse to file your claim
- Tell you workers’ comp doesn’t apply to undocumented workers
- Pressure you to keep quiet or “work through” the injury
If your employer tries any of these tactics, it may be considered retaliation, another violation of California labor law.
Common Challenges Undocumented Workers Face
Even though the law protects undocumented workers, many still face obstacles, including:
- Employers denying the injury happened at work
- Pressure to avoid reporting the injury
- Fear of losing their job
- Lack of knowledge about their rights
- Language barriers
- Working through labor contractors who complicate the claim process
How to Protect Your Rights After a Work Injury
If you’re undocumented and injured at work, taking the right steps early can make a big difference:
- Report your injury to your employer as soon as possible
- Ask for a workers’ comp claim form (DWC-1)
- Seek medical treatment right away
- Keep copies of all documents, pay stubs, and medical records
- Write down names of witnesses and details about how the injury happened
- Contact a workers’ compensation attorney if your employer denies your claim or retaliates
You do not need to disclose your immigration status to receive medical care or file a claim.
Seek Workers’ Compensation Benefits — Even If You’re Undocumented
If an employer chose to have you work for them, you have the right to workers’ compensation benefits regardless of your immigration status.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.