Should an undocumented California worker document a work injury?
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 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.
Remember this if you suffer injury at work
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 prove their employees’ eligibility before hiring them.
- Fines against employers for violations of these laws often reach as high as $10,000 per employee.
- Employers cannot use these facts as excuses to not provide workers’ compensation benefits to injured workers even if they do not possess proper documentation.
- California is one of many states with specific statutes allowing injured undocumented employees to collect workers’ compensation benefits.