Workers’ compensation for undocumented workers in California can be tricky to explain and understand. But the bottom line is that undocumented workers have rights, and the experienced workers’ compensation lawyers at Eason & Tambornini can help. California state law protects all workers, even legally undocumented, who have been injured or become ill as a result of their job or due to unsafe working conditions.
Similarities And Differences
Similarly to legally documented employees, workers’ compensation benefits for undocumented workers are designed to cover medical expenses and sometimes lost wages. However, these workers may not be eligible for benefits like job retraining or temporary disability.
Filing A Claim
Undocumented workers in California have the same right to file a workers’ compensation claim as anyone with legal immigration status. If an employer refuses to provide a claim form, they can contact the state Workers’ Compensation Appeals Board (WCAB). An approved appeal can result in compensation for reasonable medical expenses, disability benefits, and rehabilitation benefits.
A Right To Say No To Unsafe Working Conditions
Undocumented workers can refuse unsafe work if they reasonably believe it would create a hazard to themselves or their co-workers, just like any other documented employee. They can also file health and safety complaints with the California Occupational Safety and Health Administration (Cal/OSHA) if they are subjected to unsafe working conditions.
For their part, Cal/OSHA will investigate unsafe working conditions. It is essential to understand that Cal/OSHA should not question a person’s immigration status or report your lack of status if it somehow becomes known to them.
The Argument:
The case for undocumented workers to receive workers’ compensation benefits is often discussed but frequently misunderstood. The law is partially rooted in workplace safety. Here’s one way of looking at the policy reasons that allow undocumented workers to collect: If they were denied this right, the incentive for employers to properly train them, especially in industries like agriculture or construction that are inherently more dangerous than other industries, or keep worksites safe and free of hazards, would be significantly reduced. Additionally, unscrupulous employers may be motivated to hire more or only undocumented workers to keep their workers’ compensation insurance premiums low. Thus, allowing undocumented workers’ compensation claims to be filed keeps the responsibility for maintaining safe workplaces squarely on the shoulders of employers and the industries they are part of.
What this means is if an employer is going to employ undocumented workers, which by law they are not allowed to do knowingly, they will have to bear the exact costs as any other employer who only hires people with the legal right to work.
Workers’ compensation for undocumented workers is not simple, and undocumented workers have rights – and for good reasons. The workers’ compensation attorneys at Eason & Tambornini have been helping clients navigate the workers’ compensation system for more than twenty-five years, and they only get paid if they win.
Call them at (916) 438-1819 for a free, no-obligation consultation.
