Over the years, studies have shown that Latino immigrants are consistently at a high risk for workplace fatalities. One of the most recent studies showed that Latino workers suffer from fatalities at a rate of 3.7 per 100,000. For other workers, the rate is 3.5. To make matters worse, the numbers are increasing. Research showed that 70 more Latino workers died in 2018 than in 2017.
Latino immigrants are particularly at risk. Nearly 80% of all the Latino workers who died in Florida in 2018 were immigrants. Construction workers suffer from the highest levels of fatalities, followed by drivers, farm workers, and maintenance workers. These groups also suffer from high levels of workplace injuries, which can lead many Latino immigrants to apply for workers’ comp.
Every year, the number of fatalities among Latino workers climbs to new heights, with the number reaching 961 in 2018. To combat these statistics, the labor organization AFL-CIO has urged the Occupational Safety and Health Administration to investigate these issues and launch new initiatives to protect the health and safety of Latino immigrant workers. They also want OSHA to set stricter safety standards that will create a safer workplace for Latino workers across the country.
Why Are Latino Immigrants More Vulnerable in the Workplace?
Several interrelated factors place Latino immigrant workers at greater risk of injury or death on the job:
- High-risk job types: Construction, agriculture, and transportation sectors are inherently dangerous and disproportionately employ immigrants.
- Lack of bilingual safety training: Many workers don’t receive OSHA-mandated safety training in Spanish or other native languages.
- Language and legal barriers: Difficulty understanding safety protocols, labor laws, or compensation procedures increases risk exposure.
- Fear of retaliation: Undocumented workers often don’t report unsafe conditions or injuries due to fear of deportation, job loss, or discrimination.
These factors create a cycle of workplace exploitation and underreporting, further obscuring the true scale of the problem.
OSHA and the Role of Workplace Safety Standards
The Occupational Safety and Health Administration (OSHA) plays a vital role in enforcing workplace safety standards. Latino immigrant workers, regardless of immigration status, are entitled to:
- A safe working environment
- Access to training in a language they understand
- Protection from retaliation when reporting unsafe conditions
Additionally, NIOSH (National Institute for Occupational Safety and Health) conducts vital research to improve safety protocols in hazardous occupations.
Advocacy groups like AFL-CIO and Centro de los Derechos del Migrante continue to pressure OSHA to strengthen oversight and ensure culturally and linguistically appropriate safety education.
Workers’ Compensation Eligibility for Latino Immigrant Workers
If you’re a Latino immigrant who’s been injured on the job, you might be wondering if you’re eligible for workers’ compensation benefits. Hiring an attorney might help you secure your compensation and protect yourself from employer retaliation.
An attorney may be able to answer your questions and educate you about the rights that you have as an immigrant and an employee. The attorney may also help you file for workers’ comp after you’ve been injured to receive the maximum compensation.
If your employer refuses to give you disability benefits, an attorney might help you bring the case to court. Some employers will back down when they see that an employee is backed by a licensed attorney. Your attorney may be able to help you negotiate for a fair amount and get the compensation you’re entitled to.
Are Undocumented Workers Covered by Workers’ Comp?
Yes. In many U.S. states, including California, Florida, and New York, undocumented workers are legally eligible for workers’ compensation. For example:
| State | Covers Undocumented Workers? | Agency or Entity |
|---|---|---|
| California | ✅ Yes | Department of Industrial Relations (DIR) |
| Florida | ✅ Yes | Division of Workers’ Compensation |
| Texas | ✅ Yes (with exceptions) | Texas Department of Insurance (TDI) |
State agencies provide multilingual resources to help Latino workers understand their rights and file claims even without legal immigration status.
Legal Rights and Retaliation Protection
Federal law prohibits employers from retaliating against workers regardless of immigration status for:
- Reporting an injury
- Filing a claim
- Participating in a workers’ comp hearing
Retaliation can include firing, demotion, threats of immigration reporting, or harassment. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or contact legal organizations like the National Employment Law Project (NELP) or your local Legal Aid Society.
How to File a Workers’ Comp Claim as an Immigrant
Filing a claim involves multiple steps, and a misstep can result in delays or denial. Here’s a typical process:
- Report your injury immediately to your employer.
- Complete the required form, such as the DWC-1 in California.
- Seek medical attention and ensure your treatment is documented.
- Consult a workers’ compensation attorney if your claim is denied or if you face any employer retaliation.
- File a complaint with OSHA if unsafe working conditions contributed to the injury.
Bilingual and Community Legal Resources for Latino Workers
Many Latino immigrants hesitate to seek help due to language barriers or fear of legal consequences. The following organizations offer bilingual support and legal advocacy:
- Centro de los Derechos del Migrante
- National Day Laborer Organizing Network (NDLON)
- Legal Aid Society
- Farmworker Justice
- National Immigration Law Center (NILC)
These groups can help workers understand their rights, navigate legal forms, and take action against exploitative employers.
Frequently Asked Questions (FAQ)
Can undocumented immigrants receive workers’ compensation?
Yes. Many states, including California, Florida, and Texas, cover undocumented workers under their workers’ comp laws.
What should I do if I get injured at work and don’t speak English?
You can request an interpreter or ask for information in Spanish. OSHA and most state agencies offer bilingual services. Legal aid groups also provide support in Spanish.
Will my employer fire me for reporting an injury?
Retaliation is illegal. If your employer fires you, threatens deportation, or withholds pay, you can file a complaint with the EEOC or get legal help.
What if my workers’ comp claim is denied?
You can appeal. An attorney can help you gather evidence, represent you at hearings, and negotiate a fair settlement.
Final Thoughts: Protecting Latino Immigrant Workers Through Awareness and Action
Latino immigrant workers are vital to the U.S. economy but continue to face unsafe conditions and systemic barriers to justice. This content serves as both an informational resource and a call to action:
- Employers must ensure safe, inclusive workplaces
- Government agencies must enforce stronger protections
- Community organizations must educate and empower workers
If you or someone you know has been injured on the job, seek legal assistance, file a complaint with OSHA, and don’t let fear prevent you from securing your rights.
