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Frequently Asked Questions About Work Comp And Legal Status

If you have been injured on the job in California, but do not have full U.S. citizenship status, you may worry about what could happen if you file a workers’ compensation claim. Because we practice both workers’ compensation and immigration law at the Law Offices of Hussain & Gutierrez, we are in a unique position to answer your questions.

Here are a few questions our clients often ask:

Am I even eligible for workers’ compensation if I am undocumented?

Yes. In the state of California, and many other states, you are still eligible for benefits if you are undocumented and injured on the job. Some employers may try to tell you that you are not eligible because you are undocumented, but they are wrong. Seek legal help right away to ensure you receive your benefits.

Will I be deported if I report my work injury?

No. Although U.S. immigration laws do prohibit you from working in the U.S. without a visa, and prohibit your employer from hiring an undocumented worker, the California workers’ compensation system specifically covers undocumented workers. The forms do not include any questions about your legal status and are not reported to immigration enforcement.

Can my employer fire me for filing a workers’ comp claim?

No. Like most states, California law protects workers who file a workers’ comp claim from retaliation by their employer, including being fired. If your employer does retaliate against you because of your work injury, call us. We will fight for your rights.

Come In For A Free Consultation With An Attorney

Talk to us today to find out how we can help you with your questions. We speak several languages, including Sinhala, Tamil, Hindi, Gujarati, Urdu and Spanish. We welcome walk-ins at our Van Nuys office. If neither of our lawyers can speak with you immediately, we will be happy to make an appointment for you. Call us today at 888-997-3701 or send us a message.

We speak Spanish, Sinhala, Tamil, Gujarati, Hindi and Urdu.

Se habla español.