You came to California some time ago. You escaped imminent danger and extreme poverty in your country of origin. Since then, you managed to build a healthy, successful life here for yourself and your family; yet, each year continues to bring challenges and worry because you remain undocumented.
Perhaps part of your concern pertains to your job. What if you get injured in a workplace accident? How might your status affect your ability to seek medical attention or receive workers’ compensation benefits?
You likely already know that most employers in the United States must purchase insurance to protect their workers in case of injury on the job. Workers’ compensation insurance supplies benefits for injured employees to cover medical expenses and replace at least a portion of lost wages to help make ends meet during recovery. Many immigrants live in fear of deportation, and what seems a minor incident to a U.S. citizen (such as getting pulled over for a broken tail light) often terrifies a person without legitimate resident status.
Legal Rights for Undocumented Workers in California
Despite common fears, undocumented immigrants in California have the legal right to receive workers’ compensation benefits under California Labor Code S1171.5, which affirms that “all protections, rights, and remedies available under state law are available to all individuals regardless of immigration status.”
Further, Labor Code S3700 requires employers to carry workers’ compensation insurance for all employees, including those who lack legal work authorization. California also enforces Labor Code S132a, which prohibits employer retaliation against workers who file injury claims, including undocumented workers.
This legal protection is supported by both the California Department of Industrial Relations (DIR) and the California Division of Workers’ Compensation (DWC). The DWC provides clear instructions on how to file a claim using the DWC-1 claim form, which does not require proof of legal immigration status.
What About Federal Law?
Under the Immigration Reform and Control Act of 1986 (IRCA), employers are required to verify employment authorization through Form I-9. Penalties for noncompliance may reach $10,000 per unauthorized employee, as enforced by the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL).
However, in Hoffman Plastic Compounds v. NLRB (2002), the U.S. Supreme Court ruled that certain federal remedies may be limited for undocumented workers. Despite this, California state law overrides those limitations within its jurisdiction. This means workers in California, regardless of immigration status, are still entitled to:
- Medical treatment
- Temporary and permanent disability benefits
- Access to a Qualified Medical Evaluator (QME) if needed
- Legal representation without fear of immigration exposure
The Occupational Safety and Health Administration (OSHA) also protects all workers from unsafe working conditions, regardless of immigration status.
What to Do If You’re Injured at Work Without Legal Status
In this state alone, undocumented workers comprise as much as 10 percent of the workforce. It’s therefore logical to assume that some of these workers become involved in workplace accidents resulting in injuries at some point. Hopefully, you won’t be one of them, but if you do suffer an injury, you can avoid potential problems if you know the following:
- Undocumented persons cannot legally obtain gainful employment in the United States.
- Employers must verify employee identity and authorization using Form I-9.
- Fines against employers for violations of federal hiring laws can reach $10,000 per unauthorized hire.
- These federal restrictions do NOT affect your right to receive workers’ compensation under California state law.
- You can and should file a DWC-1 claim form as soon as an injury occurs.
Retaliation Is Illegal. You Are Protected
Under California Labor Code S132a, it is illegal for employers to retaliate against workers for:
- Reporting an injury
- Filing a workers’ compensation claim
- Requesting medical treatment for workplace injuries
This includes retaliation based on immigration status. If your employer threatens to contact Immigration and Customs Enforcement (ICE) or fires you because you filed a claim, you may be eligible for additional compensation and legal remedies.
You can report such retaliation to the Labor Commissioner’s Office or contact Legal Aid organizations that specialize in defending undocumented workers.
You Can Get Legal Help – Without Fear
Do you know that some attorneys in the state also came to the United States as immigrants? This generally means they possess a keen understanding and insight into immigration affairs and can provide invaluable guidance and support when trying to determine the options available to you and how best to proceed to address a particular immigration matter.
Importantly, attorney-client privilege applies to undocumented immigrants. Anything you discuss with your attorney is confidential and cannot be shared with immigration authorities.
Several organizations and law firms offer confidential and affordable legal assistance to undocumented workers injured on the job:
- Legal Aid at Work
- California Rural Legal Assistance (CRLA)
- National Immigration Law Center (NILC)
- State Bar of California – Lawyer Referral Service
Useful Resources and Links
| Resource | Description |
|---|---|
| DWC-1 Claim Form | The official form to report a workplace injury |
| California Labor Code S1171.5 | State law affirming equal protection regardless of immigration status |
| Labor Code S132a | Retaliation protections for workers |
| Occupational Safety and Health Administration (OSHA) | Workplace safety rights for all workers |
| California Department of Industrial Relations (DIR) | Governing body for workers’ compensation and labor laws |
Final Words: You Are Not Alone
In short, workers’ compensation insurance protects you and all other employees should you suffer an injury on the job in California. This doesn’t necessarily mean you would not face challenges regarding navigation of the system if indeed the need arose for you to file a report and request benefits. Your entire family would likely be affected in various ways in such circumstances.
Anyone facing a workers’ compensation problem or other on-the-job issue regarding resident status can request a consultation with an experienced immigration attorney.
