Migrant workers in California face a high risk of workplace injuries. Studies show they are more likely to be hurt or killed on the job than native-born workers. Between 1992 and 2002, workplace fatalities among foreign workers rose by over 46%. Among Hispanic workers, fatalities increased by over 58%.
This trend is partly due to migrant workers often being employed in high-risk industries with minimal to no regulation. Many injuries go unreported because workers fear consequences tied to their immigration status. Many are unaware that, regardless of documentation, they have legal rights to a safe workplace and access to workers’ compensation.
The AFL-CIO’s report, Immigrant Workers at Risk, highlighted these risks. It found that between 1996 and 2000, fatal job injuries among foreign-born workers rose by 43%, even though their overall employment increased by just 22%. In the construction industry, nearly one in four workplace deaths involved foreign-born workers.
Shockingly, workers’ compensation typically covers only about one-third of the medical costs associated with job injuries. Public programs like Medicare and Medicaid cover part of the rest, but families often bear the largest burden.
Working with a law firm experienced in handling claims for immigrant workers can help injured employees obtain compensation and medical coverage regardless of their immigration status.
Do Migrant Workers Qualify for Workers’ Compensation?
Yes. California law provides workers’ compensation to all employees, regardless of citizenship status. This includes undocumented workers, those on visas, and permanent residents.
The system is no-fault, so you don’t need to prove your employer caused the injury. You’re likely eligible for medical care, lost wages, and disability benefits if your injury happened during work.
How Immigration Status Affects Workers’ Comp Claims
Despite legal protections, undocumented workers often avoid filing claims. Fear of deportation, employer pressure, and language barriers create obstacles.
Some employers may lie or discourage claims, threatening job loss or reporting them to immigration authorities. These actions are illegal. California Labor Code §132a prohibits employer retaliation related to workers’ compensation claims, regardless of an employee’s immigration status.
High-Risk Jobs Commonly Held by Immigrant Workers
Immigrant workers are overrepresented in physically demanding, hazardous jobs, such as:
- Construction
- Agriculture
- Janitorial and maintenance
- Warehousing and logistics
- Food processing
- Landscaping
These positions often lack proper safety protocols, training, or protective gear. Long hours and communication issues further increase the risk of injury.
What Should You Do After a Workplace Injury?
Your employer must provide a Workers’ Compensation Claim Form (DWC-1) within one business day of being notified. You must report the injury within 30 days to stay eligible.
You’ll likely need to visit a doctor within the employer’s Medical Provider Network (MPN) unless you’ve predesignated your own doctor before the injury. If you’re unsure, speak with an attorney.
What If Your Claim Is Denied?
Workers’ comp claims can be denied for several reasons, including missed deadlines, disputes over the circumstances of the injury, or errors in paperwork.
You have the right to appeal the denial through the Workers’ Compensation Appeals Board (WCAB). A lawyer can guide you through this process and represent you at the hearing.
Agencies That Protect Immigrant Workers
Several California agencies enforce your rights:
- Division of Workers’ Compensation (DWC) – manages claims and appeals
- Labor Commissioner’s Office – protects against retaliation
- Cal/OSHA – oversees workplace safety standards
These agencies do not ask about immigration status and are focused on enforcing labor laws.
How Hussain & Gutierrez Help Injured Immigrant Workers
Our attorneys understand the challenges injured migrant workers face. We can:
- Help file your claim correctly
- Ensure you get appropriate medical care
- Protect you from retaliation
- Represent you in appeals if your claim is denied
We speak your language. We respect your situation. And we know how to win.
Frequently Asked Questions
Can undocumented immigrants get workers’ compensation in California?
Yes. All employees, regardless of immigration status, have the right to file a claim.
What are the deadlines for filing?
Notify your employer within 30 days of the injury and file your claim promptly to avoid denial.
Can I see my own doctor?
Only if you pre-designated your doctor before the injury. Otherwise, you’ll use the MPN.
What if my employer threatens me?
That’s illegal retaliation. You may be entitled to back pay and other penalties.
How do I appeal a denied claim?
You can request a hearing at the WCAB. Legal help is strongly recommended.
If you’ve been hurt at work and aren’t sure what your options are, we’re here to help. At Hussain & Gutierrez, we specialize in representing immigrant workers in complex workers’ comp cases.
We never ask about your status. Your case is always confidential. And the consultation is free.
Visit Hussain & Gutierrez to schedule a case evaluation.
Alternatively, you can call the number listed on our website to speak with our legal team.
