Can Undocumented Workers in California Get Workers’ Compensation?
California is home to millions of immigrants. In fact, the Golden State has more immigrants than any other U.S. state. California is also home to a large number of undocumented immigrants. They make up about 9% of the state’s workforce. As a result of having so many undocumented immigrant workers, California has increasingly adopted laws to protect them in the workplace.
Getting workers’ comp as an undocumented worker
So, that means undocumented workers can receive workers’ compensation benefits if they suffer an injury at work. Even if you work a job where your employer pays you cash, you can receive workers’ comp benefits. If you don’t file taxes, you still can receive workers’ comp benefits. Even if you used a false Social Security card or number when you were hired, you can get workers’ compensation. Also, undocumented workers can apply for workers’ compensation without losing their jobs or getting deported.
Filing a workers’ comp claim
Many undocumented workers feel intimidated by their employers not to file for workers’ compensation claims after a work injury. Some are unsure how a worker’s comp claim will affect their employment status. Yet, undocumented workers often work in fields where suffering an injury is common:
- Construction
- Manufacturing
- Health care
- Farming
- Transportation
- Warehouse work
If you suffer a workplace injury, you’ll need to get workers’ comp benefits to pay for your medical treatment and any lost wages. You shouldn’t be afraid of filing for the benefits you deserve. You should consult with an experienced workers’ compensation attorney, so you can follow the proper steps to get maximum workers’ compensation benefits.
Your Legal Rights Under California Law
California Labor Code S1171.5 and S3733.1 clearly state that immigration status does not affect eligibility for workers’ compensation. Even if you are not legally authorized to work, your right to medical care, wage replacement, and permanent or temporary disability benefits is protected under state law.
In fact, in the landmark case Del Taco v. Workers’ Comp Appeals Board, the court ruled that immigration status cannot be used to deny benefits. This establishes a precedent for injured undocumented workers.
Key entities:
- California Department of Industrial Relations (DIR)
- Workers’ Compensation Appeals Board (WCAB)
- Division of Workers’ Compensation (DWC)
- State Bar of California
What Benefits Are Available to Undocumented Workers?
As an undocumented worker, you are eligible for:
- Medical care related to your injury
- Temporary disability benefits (up to 104 weeks)
- Permanent disability if you suffer long-term effects
- Supplemental job displacement benefits (in some cases)
- Death benefits for family members if the injury is fatal
Your weekly benefit amount is typically two-thirds of your average weekly wage, subject to state minimums and maximums set by the California Employment Development Department (EDD).
What Happens If My Claim Is Denied?
If your workers’ compensation claim is denied:
- You have the right to request a hearing before the WCAB.
- File a Declaration of Readiness to Proceed (DOR).
- Prepare for a settlement conference or trial if necessary.
- You may appeal the decision with legal representation.
Common denial reasons include:
- Employer disputes injury occurred at work
- No report of injury was made
- Missed filing deadlines (usually within 30 days)
Even if denied, you still have rights, especially if your injury is severe or caused by gross negligence.
What If I’m Paid in Cash or Don’t Have an SSN?
You do not need to provide a Social Security Number to file a workers’ compensation claim. You also don’t need to prove tax filings or legal residency.
The California workers’ compensation system protects undocumented workers who:
- Are paid under the table or in cash
- Used a false or borrowed SSN at the time of hiring
- Have no official employment documentation
The goal of the system is to ensure safety and recovery, not immigration enforcement.
What If I’m Retaliated Against?
Retaliation is illegal. If your employer fires you, cuts hours, threatens deportation, or otherwise punishes you for filing a claim, they may be violating:
- Labor Code S132a (protects against discrimination/retaliation)
- California Whistleblower Protection Act
- Federal anti-retaliation statutes
You may be eligible for reinstatement, lost wages, and additional compensation.
Role of Cal/OSHA in Protecting Immigrant Workers
The California Division of Occupational Safety and Health (Cal/OSHA) ensures all workers, regardless of status, are protected from hazardous working conditions.
You can anonymously file a Cal/OSHA complaint about:
- Unsafe work environments
- Lack of training or safety gear
- Employer negligence leading to injury
Post-Injury Work and Return-to-Work Considerations
After your injury:
- Your employer must provide modified duties if medically required.
- You may qualify for a voucher for job retraining.
- You are not required to reveal your immigration status at any point.
Undocumented workers returning to light-duty work still retain full medical benefits under the claim.
Common Questions From Undocumented Workers
Will my immigration status be reported to ICE if I file a claim?
No. California’s workers’ compensation system does not report to federal immigration authorities.
What if I don’t speak English well?
You are legally entitled to translation and interpretation services during the claim process.
Can I be denied because I used a fake name or documents?
No. You are still eligible under California law. Misrepresenting documents is not a valid reason to deny benefits.
Is it too late to file?
You generally have 30 days from the date of injury to report it. Some exceptions apply; consult an attorney immediately if unsure.
Can my family receive death benefits if I pass away?
Yes. Dependents of undocumented workers are eligible for death benefits, including funeral expenses and survivor income.
We Help Undocumented Workers Get the Compensation They Deserve
At Hussain & Gutierrez, we’ve helped hundreds of undocumented workers successfully file claims, appeal denials, and recover damages. You deserve safety and protection, regardless of your legal status.
Call now for a confidential, free consultation with an attorney who understands both the legal and cultural challenges you face.
