The Intersection of Workers Compensation and Immigration Status in California

1. The Intersection of Workers Compensation and Immigration Status in California Have you ever wondered if undocumented workers injured on the job in California can receive help? The truth is, yes. California law allows all employees to access workers’ compensation, regardless of immigration status. Injuries are common, according to the BLS. In 2021, 14% of fatal work injuries were to foreign born Hispanic or Latino workers in the U.S. Today we’re taking a closer look into how workers’ compensation intersects with immigration status in California, investigate the rights of undocumented workers, and more. Workers’ Compensation in California Workers’ compensation is a type of insurance that provides support when someone gets hurt at work. In California, this program covers almost every employee, including those working full-time, part-time, or seasonally. There are a few important things to understand: What workers’ compensation includes Who is covered under California law How the system helps injured workers? What Workers’ Compensation Includes Workers’ compensation in California covers medical treatment, temporary disability payments, permanent disability payments, and job retraining when needed.

2. These benefits help workers recover from injuries and support them financially if they can’t work. Workers may also be able to get mileage reimbursement for travel to and from medical appointments. Who Is Covered Under California Law Most people who work in California are covered, regardless of their job title or immigration status. It includes workers in construction, agriculture, hospitality, retail, and other industries. The law focuses on whether the person was doing work for someone else, not on their legal right to work in the United States. That means undocumented workers still qualify for benefits if they get hurt doing their job. How the System Helps Injured Workers? When someone is injured at work, the system is set up to help them heal and avoid financial harm. The worker does not have to prove that their employer did something wrong. They just need to show that the injury happened while they were doing work tasks. This no- fault system is meant to keep workers from falling behind financially while they recover and to reduce legal fights between workers and employers. Immigration Status and Legal Protections Many workers in California wonder if their immigration status affects their right to workplace protections. The answer is clear under state law: it does not. Undocumented workers still have rights when they are injured at work. These rights include access to medical care and wage replacement through workers’ comp. There are three main points to know here: State law protects injured workers regardless of immigration status Undocumented workers have access to workers’ compensation benefits Employers cannot legally retaliate for filing a claim State Law Protects Injured Workers Regardless of Immigration Status California law does not limit workers’ rights based on citizenship or legal status. The law applies to everyone who performs work for pay. That includes undocumented workers in any industry. Courts in California have backed this up over time. If someone is hurt doing their job, they are covered under workers’ compensation. Undocumented Workers Have Access to Workers’ Compensation Benefits Just like other employees, undocumented workers can file a claim if they are hurt at work. The benefits are the same. They may receive medical care, payment for lost wages, or permanent disability support if needed. Immigration status does not block these rights. Employers must carry workers’ compensation insurance that covers all workers, regardless of status.

3. Employers Cannot Legally Retaliate for Filing a Claim Some workers fear they will be fired or reported to immigration authorities for filing a claim. That fear keeps many people silent, even when they are hurt. But retaliation for reporting a work injury is against the law. Employers who threaten or punish workers for using their legal rights can face serious consequences. Workers should not have to choose between their safety and their job. Workers’ Rights in California: Common Myths About Undocumented Workers and Compensation Many undocumented workers believe they don’t qualify for help if they get hurt at work. These beliefs often come from fear, rumors, or bad information. The truth is that California protects all workers, no matter their immigration status. Clearing up these myths can help more people get the help they need after an injury. There are three major myths to address: Undocumented workers cannot file for workers’ compensation Filing a claim will lead to deportation Employers can punish or fire workers for filing a claim Undocumented Workers Cannot File for Workers’ Compensation One of the most common myths is that only legal residents can get benefits. This is not true in California. State law allows all workers to file for workers’ compensation if they get hurt on the job. The law does not ask about legal status when it comes to workplace injuries. What matters is whether someone was working for an employer when the injury happened. Filing a Claim Will Lead to Deportation Some workers worry that speaking up will cause problems with immigration. The fear is real and understandable. But reporting a workplace injury does not trigger a call to immigration authorities. Workers’ compensation claims stay within the state system and are not shared with federal immigration offices. Workers can file a claim without giving a Social Security Number. California’s goal is to protect workers, not punish them for asking for medical help or lost wages. Employers Can Punish or Fire Workers for Filing a Claim Many undocumented workers feel pressure to stay quiet. They fear they might be fired or threatened if they speak up. But California law does not allow employers to retaliate for filing a claim. If they do, they can face legal consequences. Workers can report retaliation and seek help from a workers’ compensation lawyer. Legal support makes it easier to stand up for fair treatment.

4. Workers’ Comp Attorney: Immigration Legal Support Every worker in California has the right to safety and support after an injury, no matter their immigration status. Workers’ compensation exists to help all employees recover and stay protected. At Solimon Rodgers, P.C., our Workers’ Comp Attorneys focus on helping injured workers and accident victims throughout Southern California. With decades of experience, our team fights for your rights and works on a contingency basis. You don’t pay unless we recover compensation for you. Get in touchtoday to find out how we can help with your workers’ compensation legal needs. Call us at (844) 774-3577 or visit https://kingsofwc.com/ to learn more