A work injury can turn your life upside down, especially if you’re an undocumented worker. You may worry about job loss, medical bills, or even deportation. However, California law protects all workers, regardless of immigration status, when it comes to workers’ compensation benefits.
Can undocumented workers file for workers’ comp?
Yes. In California, undocumented workers have the same right to workers’ compensation benefits as any other employee. Your employer must provide coverage for medical treatment, disability benefits, and lost wages if you are hurt on the job. Your immigration status does not affect your ability to file a claim.
Will filing a claim risk deportation?
Filing a workers’ comp claim does not trigger immigration enforcement. California law prohibits employers from retaliating against injured workers, including threats related to immigration status. If your employer tries to intimidate you or fire you for seeking benefits, that is illegal, and you may have legal recourse.
What benefits can undocumented workers receive?
You can receive medical treatment, temporary or permanent disability payments, and job retraining in some cases. However, undocumented workers may not qualify for certain benefits, like vocational rehabilitation, if returning to work is not an option due to immigration status. Despite this limitation, medical care and wage replacement benefits remain available.
What happens if an employer refuses to file a claim?
Some employers may try to avoid reporting your injury to their insurance company. If this happens, you can file a claim directly with the California Division of Workers’ Compensation. You have the right to seek medical care and compensation, even if your employer refuses to cooperate.