Can a Non-Citizen Still Receive Workers’ Comp Benefits? What California Labor Code 3733(b) Says

October 24, 2023

Can a Non-Citizen Still Receive Workers’ Comp Benefits? What California Labor Code 3733(b) Says

a non-citizen has the same rights to care and workers' comp

There are almost 11 million immigrants in the Golden State. Of that group, 25 percent are under a non-citizen legal status, and another 22 percent are undocumented. 

If you are a non-citizen, you may be wondering if you still qualify for workers’ compensation after a work-related injury.

There obviously are differences between being a citizen vs non-citizen.  However, under California Labor Code 3733(b), non-citizens can still receive workers’ compensation benefits.

It’s important to note that the benefits can only be received if the injury was caused directly by your work.

A study by the Department of Homeland Security revealed that about 79% of undocumented workers were employed in areas categorized as essential.

According to the Bureau of Labor Statistics, common jobs worked by non-citizens include:

  • Service occupations 
  • Natural resources
  • Construction
  • Maintenance occupations
  • Production
  • Transportation
  • Material moving occupations

Common on the job injuries may include – 

  • Broken bones or fractures
  • Cuts and lacerations
  • Contusions
  • Sprains and strains
  • Burns

Common causes of on the job injuries may include – 

  • Slip and fall – There are millions of emergency room visits every year due to slips and falls. Uneven floors or wet surfaces can cause workers to suffer these injuries.
  • Being struck by equipment – In occupations like construction, with heavy machinery like bulldozers and forklifts, safety is extremely important.  Unfortunately, employees are sometimes hit by these large heavy-duty vehicles and injured on the job.
  • Electrocution – Working with power lines increases the dangers of being electrocuted. Electrocutions can cause serious scarring and burns to victims.
  • Repetitive motions – Not following proper ergonomic procedures when performing tasks that involve heavy lifting can cause serious injuries, especially if these motions are frequently repeated over time.
  • Getting trapped between walls/equipment – Similar to being struck by equipment, it’s not uncommon for workers to find themselves stuck between large objects with nowhere to go. Getting crushed can result in serious injury, and occasionally, death. 

A non-citizen is still eligible for workers' comp benefits in California

Workers’ compensation is designed to provide benefits and/or medical care for workers who become injured or ill as a result of their job.

Employees can receive compensation regardless of who was responsible for the injury, so even if you unintentionally hurt yourself, you can be compensated. 

Workers’ comp also protects employers, since dealing with a new lawsuit every time an employee is injured on the job could be very costly and time consuming.

California is well-known for its diversity.  There are at least 16 different languages spoken by a minimum of 100,000 people in the state. Furthermore, California has long been a destination for immigrants to explore new opportunities for themselves and their families.

If you are a non-citizen who was told by your employer that you do not qualify for workers’ comp because of your status, you should contact a Los Angeles workers’ compensation attorney immediately.  All employees in California are entitled to workers compensation, regardless of their citizenship.

At C&B Law Group, our Burbank workers compensation attorneys have decades of combined experience. Our team is devoted to working with you regarding your claim. 

Our firm is based on two founding principles –  compassion and empathy. As Southern California personal injury lawyers, we believe that anyone injured due to the negligence of another party shouldn’t feel like the odd-person out

Choosing the right law firm for your workers’ compensation case is critical. You want a team who will prioritize you, helping you down the path to a result colored with success.

We service clients all across Los Angeles, including areas such as:

  • Burbank
  • Glendale
  • North Hollywood
  • Sherman Oaks
  • Van Nuys
  • Toluca Lake
  • Pasadena
  • Panorama City
  • Northridge
  • West Hills
  • Sun Valley
  • Sylmar

At C&B Law Group, we firmly stand by our principles, and that those beliefs can help us bring you justice.  

If you were denied workers’ compensation because you are a non-citizen in California, contact our LA workers’ comp attorneys about a free consultation.

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Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at (866) 747-7333

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