California is a border state. If you are an immigrant who happens to work in this state, you are likely aware that federal officials often conduct spontaneous investigations and target undocumented immigrants for detention. You may be one of many immigrant employees who are hesitant to report an injury because you worry that problems might arise regarding your legal status, or you simply don’t want to draw any further attention to your situation than necessary.
Do you worry that your paperwork might not be in order, so you might not be eligible to collect benefits if you suffer an injury on the job? You should know several things regarding immigration and workers’ compensation. Of primary importance is knowing where to seek support if you run into legal trouble.
The Law Protects All Workers: California Labor Code 3351, 3357, and 1171.5
It doesn’t matter if you are a U.S. citizen or an undocumented immigrant: your employer is legally obligated under California Labor Code sections 3351, 3357, and 1171.5 to purchase workers’ compensation insurance. This coverage extends to all employees, regardless of immigration status, to help pay medical expenses, replace lost wages, and provide vocational rehabilitation if a worker suffers an injury during the normal course of their duties.
Salas v. Sierra Chemical Co. (2014) affirmed that undocumented workers have the right to workers’ compensation benefits in California, even though federal law (IRCA) prohibits unauthorized employment.
Key Statistics:
- Over 9% of California’s workforce consists of undocumented immigrants.
- Studies show that undocumented workers are more likely to suffer serious injuries due to high-risk, low-safety jobs in sectors like construction, agriculture, and hospitality.
Filing a Workers’ Compensation Claim: Process, Timeline, and Benefits
If you suffer an on-the-job injury:
- Report the injury to your employer within 30 days.
- File a DWC-1 Claim Form as soon as possible.
- Seek medical care from an authorized provider.
- Keep records of medical visits, time off work, and any communication with your employer.
Workers’ comp benefits include:
- Medical treatment
- Temporary or permanent disability payments
- Vocational rehabilitation
- Compensation for permanent impairment
Even if your immigration status is questioned, you still have the right to benefits under California law.
Issues That Might Make Your Employer Nervous
If your employer failed to check your work authorization (via Form I-9), they might face penalties from ICE or USCIS. However:
- This does not affect your right to file a claim.
- Employers face fines of over $10,000 per undocumented hire.
- Employers cannot retaliate against you for filing a claim (California Labor Code 132a).
The Buck Stops with the Main Contractor
In the construction industry and similar sectors, a general contractor often oversees multiple subcontractors. Under California law, the general contractor holds ultimate responsibility for safety on the job site, including workers’ compensation obligations.
Financial Impact of Workplace Injuries
Workplace injuries cost employers billions annually. For undocumented workers:
- The average workers’ comp claim in California can exceed $30,000 for serious injuries.
- Failing to report injuries can lead to long-term disability, lost wages, and deportation risks if legal status is exposed without proper legal support.
Real-World Example: Maria’s Story
Maria, an undocumented farmworker in California, injured her hand while operating machinery. Afraid of deportation, she delayed filing a claim for weeks, worsening her injury. With the help of an attorney and a local immigrant advocacy group, she secured workers’ comp benefits and avoided immigration issues by navigating the legal process carefully.
Legal Protections and Advocacy Resources
California Labor Code 1171.5 explicitly protects all workers, including undocumented immigrants, from wage theft, unsafe conditions, and denial of benefits.
Advocacy Organizations:
- ACLU of Southern California
- Legal Aid at Work
- National Immigration Law Center
- California Department of Industrial Relations
FAQs: Workers’ Compensation for Undocumented Workers in California
Can I file for workers’ comp if I’m undocumented in California?
Yes. California law guarantees all workers the right to file for workers’ compensation benefits, regardless of immigration status.
Will filing a claim lead to deportation?
While rare, if a case draws ICE’s attention, it’s important to seek legal support immediately. Filing a claim alone does not automatically trigger deportation.
What benefits can I receive through workers’ comp?
Medical care, temporary/permanent disability, lost wages, vocational rehab, and compensation for permanent disability.
Can my employer retaliate against me for filing a claim?
No. Retaliation is illegal under California and federal laws. You may also have a separate retaliation claim.
What industries have the most injured undocumented workers?
Construction, agriculture, hospitality, and manufacturing have higher rates of injury for undocumented workers.
Need Help with a Workers’ Compensation Claim as an Undocumented Worker?
If you’re an undocumented worker in California and have been injured on the job, you have rights, and we can help you protect them. At Hussain & Gutierrez, we specialize in guiding immigrant workers through complex legal issues and ensuring they receive the compensation and justice they deserve.
Contact us today for a free consultation: Hussain & Gutierrez – Workers’ Compensation Attorneys
