With about 10.6 million immigrants, California is the state with the highest number of immigrants in the U.S. The high percentage of immigrants translates to an equally big amount of undocumented workers in California’s workforce.
Although there are various online resources explaining workers’ compensation claims for workers, few offer clarity on their terms for undocumented workers.
A majority of California’s undocumented workers do not file for a workers’ compensation claim out of fear of the process compromising their employment status or residence in the U.S.
Due to their status as an immigrant, processing the claim is more difficult and challenging; however, the task isn’t impossible.
Here’s an effective navigation guide on workers’ compensation for undocumented workers.
1. Are Undocumented Workers Eligible?
To put it simply, yes, undocumented workers qualify for workers’ compensation if they’ve received emotional or physical distress due to their employer and workplace. Although the extent of monetary awards and their coverage may vary from state-to-state, compensation claims aren’t affected by immigration status.
As the Californian Labor Code Section 1171.5(a) states,
2. Challenges Faced in Filing a Claim
The following reasons highlight why undocumented workers might find filing a claim difficult.
- Fear of Deportation
A common fear amongst immigrant workers is that filing a claim would lead to deportation. However, it is important to understand that workplace injuries are a state-recognized concern. Since filing a claim isn’t affected by immigration status, undocumented workers should not worry about being removed from their residence.
- Pressure or Intimidation from Employer
In some cases, immigrant employees may hesitate taking action because they fear their employers will retaliate by firing them or calling immigration.
The state of California recognizes these actions as illegal and workers are allowed to pursue a retaliation lawsuit against their employer for threatening using misinformation.
- Lack of Knowledge About Rights
Most undocumented workers don’t file for a workers’ compensation claim because of lack of knowledge of the rights granted to them by the Californian Law.
Due to this, insurance companies or employers may take advantage of such workers as they’re easily vulnerable.
3. Possible Benefits
Listed are a few medical benefits that injured undocumented workers can expect from the compensation.
- Medical Treatment Coverage
Most workers receive reasonable coverage of medical bills for the injury sustained at the workplace so that they’re not paying anything out of their own pocket. Be it prescriptions or surgeries; basic treatment coverage is for everything related to the injury.
- Temporary Disability Benefits
If your injury causes you to miss work for a limited period, the workers’ compensation offers a percentage of your wages to make up for your lost earnings. These are mostly two-thirds of the average weekly pay.
- Permanent Disability Benefits
If a worker develops a permanent injury that hinders their hinder, the compensation is determined based on the injury’s severity and the worker’s health.
- Death Benefits
This compensation is offered to a worker’s family if a workplace injury results in the worker’s death. The immigration status of the worker’s dependents doesn’t matter.
4. How to Proceed as an Undocumented Worker?
The most significant part of pursuing workers’ compensation claims as undocumented workers is to know that Californian law doesn’t discriminate against immigrant status.
Moreover, retaliation or firing you for a claim is not allowed, and you have the right to take up a separate lawsuit.
To ensure your application goes through smoothly, you want to submit all the necessary documents for your treatment and employment and have an experienced compensation lawyer on your side.
Know Your Rights and File a Claim
Being an undocumented worker doesn’t change how much effort a worker puts into their job; therefore, it shouldn’t decide how they’re compensated for an injury as well.
Although some employers and insurance company may try to make immigration status appear like a problem, it is crucial to remember your state-recognized rights and have your lawyer effectively deal with any concerns regarding your immigration status.
Looking for a worker compensation law firm in Butte County, CA? Reach out to the Law Offices of Harley Merritt.
With over 25 years of experience specializing in workers compensation, we’ll thoroughly guide you through the application process for undocumented workers and protect your rights until the end.
Get in touch with us and contact for more information.
Leave A Comment