In California, undocumented workers have rights to workers’ compensation benefits. They have the same rights to workers’ compensation benefits as any other employee. This includes access to permanent disability benefits if returning to work is impossible due to the injury. Despite their immigration status, undocumented workers are protected under state law and should not hesitate to seek the compensation they deserve if injured on the job.
Permanent Disability Benefits
Financial support to workers who cannot return to work due to work-related injuries is called permanent disability benefits. These benefits can help replace lost wages and cover medical expenses for ongoing treatment. In California, undocumented workers are eligible for these benefits just like any other worker. So, the worker’s immigration status is not the deciding factor; the deciding factor is whether the injury happened at work.
Reporting Your Injury is Crucial
One of the most critical steps in securing permanent disability benefits is reporting your injury as soon as it happens. California law requires employees to let their employer know about a work-related injury within a specific time frame. Typically, this is thirty days. If you don’t, you might lose your ability to get the benefits you need. Even if you’re worried about your immigration status, remember that your right to workers’ compensation is protected by law.
Seeking Medical Treatment
After reporting your injury, you must seek medical treatment immediately. Medical records that show how severe your injury is are used to decide if you are eligible for permanent disability benefits. Many people don’t realize that in California. Be sure to follow your doctor’s treatment plan and keep all your medical records.
Legal Protections for Undocumented Workers
California law prohibits employers from discriminating against injured workers or retaliating against them because of their immigration status. This means that your employer cannot deny you workers’ compensation benefits or threaten you with deportation for filing a claim. If you face any form of retaliation, such as being fired or harassed after reporting an injury, you have legal recourse and should consult an attorney.
Get Professional Legal Help Right Away
California’s workers’ compensation system can be complicated to understand. Additionally, many undocumented workers hesitate to get legal help because of their immigration status. However, an experienced workers’ compensation attorney is precisely what is needed. An attorney will fight for your right to all benefits you’re entitled to.
Most workers’ compensation attorneys only get paid if a client wins a settlement. This is called a contingency fee, meaning there is little risk in hiring an attorney.
The Bottom Line About Permanent Disability Benefits for Undocumented Workers
You don’t have to worry about your immigration status if you get hurt at work. All workers in California have rights, and taking action quickly will protect you and your family.
Hypothetical Case Study: Anna, an undocumented agriculture worker
Anna, an undocumented worker, fell off a loading dock at her warehouse job in Sacramento and severely hurt her back. Unsure of her rights due to her immigration status, she delayed reporting the injury. Then, after her pain worsened, Maria told her employer and received the medical treatment she needed. An experienced workers’ compensation attorney helped Maria file a claim and get the permanent disability benefits she was owed. The benefits she receives will cover lost wages, ongoing physical therapy, and other medical expenses related to her back injury.
The legal team at Sacramento Workers’ Compensation Attorneys has helped countless undocumented workers receive the permanent disability benefits they are entitled to under California law. We offer a free, no-risk consultation, and if we represent you, there will be no fees until you win a settlement. If you don’t win, you pay nothing.
Call our office at (916) 438-1819 to schedule an appointment today. We are here to help you get the benefits you deserve and are entitled to.
