An on-the-job injury can be scary, especially if it’s life-threatening or causes you to miss work for long periods. You have to take care of yourself, and you may also have a family that needs your income to survive. Medical bills can add up fast, and you may worry you’ll lose your job. You may feel even more stress if you’re an undocumented worker, especially if you don’t know if you have any rights or protection!
If this is you, we’re here to help. As an undocumented worker, you still have rights and benefits if you are injured. In this blog, you’ll learn about your rights and how you can receive the money and treatment you need to recover from your work-related injury and get back to your job and life.
What is an Undocumented Worker?
In the United States, undocumented workers, sometimes called undocumented immigrants, are people born outside the United States who are not permanent residents or U.S. citizens. The term undocumented also means a person with unresolved immigration status. Because the worker’s status is unresolved, they are not permitted to work in the United States.
California’s Undocumented Workers Have Rights
If you are an undocumented worker in California and are injured on the job, you have rights. Under California law, all workers are considered employees regardless of their immigration status. If your employer can’t offer modified or permanent work based on your medical status, you may be eligible to receive workers’ compensation benefits.
But, this doesn’t mean all benefits are available to undocumented workers. You may not receive temporary disability or supplemental job displacement benefits if your employer can provide modified or permanent work. Additionally, you may not receive benefits if your employer can’t offer work due to your immigration status. This usually happens if your employer finds out you are undocumented. Under U.S. federal law, employers cannot hire people with no legal right to work in the United States.
As an undocumented worker, you may not be eligible for some job retraining benefits. Also, if you’re fired due to your workers’ compensation claim, you may not receive the income you lost due to being fired.
Undocumented Workers Can Receive Workers’ Compensation Benefits in California
The California Labor Commissioner (sometimes called the Division of Labor Standards Enforcement (DLSE)) enforces and protects the rights of both documented and undocumented workers. State laws guarantee everyone gets paid for the work they perform. The DLSE has a policy not to question immigration status.
If you are injured on the job, you have the right to process your workers’ compensation claim. Additionally, your employer must provide you with medical care, treatment, and, in some cases, lost wages. In the case of a severe injury on the job, you also have the right to rehabilitation and job training benefits at no cost to you. You also cannot get fired by your employer due to your injury or illness.
Workers’ Compensation Laws and Federal Immigration Laws
Federal immigration laws don’t address workers’ compensation benefits. Since they’re not mentioned, California’s workers’ compensation laws do not conflict with federal immigration laws. Undocumented workers may be eligible for the following rights and benefits if injured on the job.
- Medical Treatment
- Temporary disability
- Permanent disability
- Future medical treatment
- Other workers’ compensation benefits
In addition to the rights above, undocumented workers can also settle their workers’ compensation claim with a Compromise and Release (C&R) agreement. According to the State of California Department of Industrial Relations, a C&R agreement is a “settlement in which you receive a lump sum payment and become responsible for paying for your future medical care. A workers’ compensation judge must approve a settlement like this.”
Finally, while filing false employment documents is illegal, it’s not considered workers’ compensation fraud. Since it’s not workers’ compensation fraud, an undocumented worker cannot lose workers’ compensation benefits.
California is a “No-Fault” State
Since California is a “no-fault” state, an undocumented worker is considered an employee. They are entitled to workers’ compensation benefits if they are injured on the job. Their immigration status is not relevant to these benefits.
Filing a Workers’ Compensation Claim
You can file a workers’ compensation claim if you are an undocumented worker injured on the job. First, contact your employer to get a claim form. If your employer refuses to give you the form, you can contact the state Workers’ Compensation Appeals Board (WCAB). If you’re still having trouble, don’t hesitate to contact an experienced workers’ compensation lawyer. You may be entitled to medical expenses, disability, and rehabilitation benefits if your claim is approved.
Other Rights of Undocumented Workers
In addition to workers’ compensation rights and benefits, undocumented workers also have the right to:
- Minimum wage
- A 10-minute rest period every four hours worked
- A meal period
- A clean meal and rest area
- The tools you need to do your job
- A pay stub for every payment
- A regularly scheduled payday
- Get paid every time your employer asks you to report to work
- Getting paid all your wages the same day as termination or 72 hours after voluntarily quitting
- File a wage claim, retaliation complaint, or speak to the California Labor Commissioner
Undocumented Workers Deserve Workers’ Compensation Benefits
If you are injured on the job, and your employer or insurer refuses to provide your workers’ compensation benefits because you are an undocumented worker, we can help! Eason & Tambornini’s expert Sacramento workers’ compensation lawyers have many years of experience in the Sacramento area assisting undocumented workers in receiving benefits for their work-related injuries or illnesses. The workers’ compensation system is complicated and confusing. We can help you navigate the system, fill out paperwork, and represent you in a court of law. Call us today for a free workers’ compensation consultation. We can discuss your case and get you on the path to recovery.
