Undocumented workers are just that: workers. That means they work, they go home, they see their families, and they come back to work the next day – just like anyone else. And, just like anyone else, when undocumented workers are hurt on the job, they deserve compensation. Indeed, contrary to what some may think, undocumented workers have rights in California.
Here at the ODG Law Group, we’ve helped so many injured workers to receive the compensation they deserved for their at-work injuries. Their work matters. Their injuries matter. However, their immigration status does not. California workers compensation coverage extends to all workers injured on the job.
If you’ve been hurt at work, and whether you’re undocumented or not, reach out to us. We’ll help you through your case, every step of the way.
California’s Groundbreaking Worker Protection Laws
In the last section, we wrote: “California workers compensation coverage extends to all workers injured on the job.” That’s not a typo. We didn’t write “some workers,” nor did we write “some workers, depending on their immigration status.” No. We wrote “all workers.” That’s because, in California, even undocumented workers are eligible for receiving benefits for job-related injuries.
Indeed, here in the Golden State, the entire workforce can receive safety benefits. So, even undocumented workers, if they’re indeed on the job, receive the medical care and financial support that they deserve.
There’s a common misconception that undocumented workers don’t pay taxes, or they don’t contribute to the safety net. Nothing could be further from the truth. Indeed, undocumented workers typically pay into social security and pay taxes through what is called an “Individual Taxpayer Identification Number (ITIN).” So, these workers don’t just contribute their work – they contribute their money, too. It’s just one more reason (among many) that they deserve to be compensated when they’re hurt on the job.
Labor Code Section 132a of California Law states that workers can’t be discriminated against in workers’ compensation based on their immigration status. If you or someone you love is hurt on the job, contacting an experienced compensation attorney is the right course of action.
Understanding Your Rights Regardless of Immigration Status
If you’re hurt doing your job in California, you’re eligible for workers compensation. The key point here is: ‘hurt doing your job.” You don’t have to be “at work” (although many are). It’s just if you are hurt in the course of working, then you deserve to receive compensation in this state.
So, you could drive delivery for your job when you suffer an injury. As you were working (making a delivery) then you could receive compensation. It doesn’t matter that you’re not near your “workplace” exactly – all that matters is that you’re working.
The same goes for if you suffer an injury that builds up over time. Many undocumented workers, for example, may work jobs where they have to type for long periods of time, lift items, etc. If an injury builds up over time, as long as it comes from your job, you could receive compensation.
Treatment Rights, Benefits, and More
If you’re hurt at work, then you have the right to receive medical treatment both immediately and moving forward. You can’t have your medical treatment denied or even delayed based on your immigration in this state. So, you can choose your treating physician during the initial 30 days from your injury.
You can receive different forms of disability benefits, either “Temporary” or “Permanent,” depending on the extent of your injuries. Temporary disability benefits will pay you partial wage replacement during the time you can’t perform your regular job duties. This usually comes to around 66% of your average weekly wages.
Permanent disability benefits are that – permanent. If your injuries are severe enough to leave you permanently impaired, you can receive wages long into the future.
However, there are more benefits that you could receive in addition to just money. For example, you could receive vocational rehabilitation services, too. Job training, job placement, assistance with education, and more – this can help you to better transition to the next stage of your life.
When you meet with us for a free case evaluation, we’ll go over your case and your options. Then, we’ll do everything in our power to make sure this happens for you.
Common Fears and Misconceptions About Workers’ Compensation
It’s perfectly understandable that you might be concerned about getting medical treatment if you’re undocumented. However, in this state, healthcare providers who treat injured workers cannot ask about your immigration status. Additionally, they can’t report any injured workers to immigration authorities, either.
Moreover, when we say “healthcare providers,” we mean everyone at all medical facilities, rehab specialists, and any other medical provider that offers services under workers compensation benefits.
Employer Retaliation is Illegal
Another common misconception about undocumented workers and work injuries: you can’t be fired for being injured on the job. It’s illegal under California law. If you have the slightest inclination that you may have been retaliated against due to being injured at work, contact us immediately.
We’ll put together the strongest case possible, helping you to receive everything that you deserve for this having happened to you. That could mean backpay, reinstatement, and we can even bring penalties against your employer, too.
Frequently Asked Questions About Undocumented Workers’ Rights
Q: Will filing a workers’ compensation claim lead to deportation?
A: No, California law prohibits employers and insurance companies from reporting injured workers to immigration authorities. Workers’ compensation proceedings are confidential and cannot be used for immigration enforcement purposes.
Q: Do I need a Social Security number to file a workers’ compensation claim?
A: No, you can file a claim using an Individual Taxpayer Identification Number (ITIN) or other acceptable forms of identification. Social Security numbers are not required for workers’ compensation benefits.
Q: Can my employer fire me for filing a workers’ compensation claim?
A: No, employer retaliation for filing injury claims is illegal regardless of immigration status. Workers who experience retaliation have legal remedies available, including reinstatement and back pay.
Q: What if I was paid in cash and have no pay stubs?
A: You can still pursue workers’ compensation benefits using other evidence of employment, such as witness statements, bank deposits, tax returns, or testimony about your work duties and wages.
Q: Will workers’ compensation benefits affect my ability to adjust my immigration status in the future?
A: Receiving workers’ compensation benefits for legitimate workplace injuries should not negatively impact future immigration proceedings. These benefits are compensation for injuries, not public assistance programs.
Q: Can I choose my own doctor for treatment?
A: After the first 30 days of treatment, you have the right to choose your treating physician from a list of qualified medical providers. You can request doctors who speak your language or understand your cultural needs.
A Law Firm That Stands With All Injured Workers
We understand how scary it can be if you’re hurt at work and undocumented. It may feel like there’s nothing you can do. However, we’re here to support you. Indeed, even if you don’t have any pay stubs and were paid entirely in cash, we can still help you receive workers compensation. Tax returns, bank deposits, even witness statements and testimony – if you’re hurt at work and undocumented, we can do what’s necessary to help you receive what you should.
When you’re hurt on the job in California, workers compensation isn’t a benefit – it’s your legal right. It’s natural to be afraid, but don’t let it stop you during your recovery. We encourage injured workers to reach out to us for a free consultation.
