I Was Injured at Work But I Don’t Have Papers. What Are My Rights?
Many undocumented workers believe they have no legal rights if they’re injured on the job. Because of fear of deportation or losing their job, they often avoid reporting workplace injuries or seeking medical treatment.
The truth is that California law generally provides workers’ compensation benefits regardless of immigration status. If you were injured while performing your job duties, you may still be entitled to medical care, temporary disability benefits, permanent disability benefits, and other protections under California’s workers’ compensation system.
If you’ve been hurt at work, here’s what you should know.
Can I Get Workers’ Compensation If I Don’t Have Papers?
Yes.
California workers’ compensation laws generally protect employees regardless of their immigration status. Employers are generally required to provide workers’ compensation benefits to eligible employees who are injured on the job.
Whether you have:
- No legal immigration status
- No Social Security number
- An expired visa
- Temporary work authorization
—you may still qualify for workers’ compensation benefits if your injury is work-related.
What Should I Do Immediately After a Workplace Injury?
1. Report the Injury
Tell your supervisor or employer as soon as possible. California law generally requires injured workers to report workplace injuries within a certain period of time, and reporting promptly helps protect your claim.
2. Seek Medical Treatment
Don’t ignore your injuries.
Whether you suffered:
- A back injury
- A fall from a ladder
- A construction accident
- A repetitive stress injury
- A machinery accident
- A warehouse injury
Prompt medical treatment protects both your health and your claim.
3. Complete the Required Workers’ Compensation Forms
Your employer should provide you with a workers’ compensation claim form after learning about your injury. Completing and returning this form starts the claims process.
If your employer refuses to provide the paperwork, an attorney may be able to help protect your rights.
Can My Employer Fire Me Because I Reported My Injury?
California law generally prohibits employers from retaliating against employees for filing a legitimate workers’ compensation claim.
Retaliation may include:
- Termination
- Demotion
- Reduced hours
- Threats or intimidation
- Discrimination because you reported your injury
If you believe your employer retaliated against you after reporting a workplace injury, you should speak with an attorney as soon as possible.
Can My Employer Report Me to Immigration?
Many undocumented workers are afraid their employer will use their immigration status against them after they report an injury.
Employers should not use threats related to immigration status to discourage workers from exercising their legal rights. If you are concerned about your situation, an experienced attorney can explain your options and help you understand the protections that may apply.
What Benefits Can Workers’ Compensation Provide?
Depending on your injury, workers’ compensation benefits may include:
- Medical treatment
- Temporary disability benefits while you’re unable to work
- Permanent disability benefits
- Supplemental job displacement benefits in qualifying cases
- Death benefits for surviving family members in fatal workplace accidents
Can I Sue My Employer?
In most workplace injury cases, the answer is no.
California’s workers’ compensation system is generally the exclusive remedy against an employer for on-the-job injuries. This means injured employees typically receive workers’ compensation benefits instead of filing a personal injury lawsuit against their employer.
However, there are important exceptions.
Can I Sue Someone Other Than My Employer?
Possibly.
Some workplace injuries involve third parties who may be legally responsible.
Examples include:
- A negligent driver who crashes into your work vehicle.
- A defective piece of equipment or machinery.
- A subcontractor on a construction site.
- A negligent property owner.
- A manufacturer of unsafe tools or equipment.
In these situations, you may have both:
- A workers’ compensation claim, and
- A separate third-party personal injury claim.
A third-party claim may allow you to recover damages that are not available through workers’ compensation alone, including pain and suffering.
What If I Was Paid Cash?
Being paid in cash does not automatically prevent you from qualifying for workers’ compensation benefits.
Many undocumented employees work in industries such as:
- Construction
- Landscaping
- Housekeeping
- Restaurants
- Agriculture
- Warehousing
Even if your employer paid you in cash, you may still have legal rights depending on the circumstances of your employment.
Common Workplace Injuries
- Construction accidents
- Falls from ladders or scaffolding
- Forklift accidents
- Back injuries
- Head injuries
- Broken bones
- Burn injuries
- Crush injuries
- Repetitive stress injuries
- Machine-related injuries
Don’t Let Fear Stop You From Protecting Your Rights
Every year, thousands of undocumented workers suffer serious injuries but never pursue the benefits they may be entitled to because they believe they have no legal protections.
California law generally protects injured workers regardless of immigration status. If you were hurt while doing your job, you deserve to understand your legal options.
Contact C&B Law Group LLP
If you were injured at work in California, C&B Law Group LLP can evaluate your situation and explain your legal options during a free consultation. We’ll help determine whether you have a workers’ compensation claim, a third-party personal injury claim, or both.
Call today for a free, confidential consultation.
