Can Undocumented Workers Get
Workers Compensation in California?
Yes – undocumented workers are protected by all California labor laws – including Workers Compensation Laws. However, in today’s challenging political climate, some undocumented workers may be worried about filing a Workers COmpensation claim
Under California law, all workers – whether or not they are legally authorized to work in the United States – are protected by the state laws regulating wages and working conditions. This means that undocumented workers CAN collect Workers Compensation if a work related injury renders them unable to work.
Our Workers Compensation lawyers fight tto make sure these laws are enforced – to ensure that undocumented workers get the Workers Compensation they deserve. If you are an undocumented worker in California who has been injured in the workplace, and your employer is denying your workers compensation claim, call our workers comp lawyers today.
Undocumented workers’ rights include:
• To receive a minimum wage of $10.00 per hour ($9.00 per hour before January 1, 2016);
• To earn overtime pay when working more than 8 hours per day or more than 40 hours in one week;
• To file workplace safety and health complaints with Cal/OSHA;
• To collect Workers Compensation if a work related injury renders them unable to work;
• AND to work in an environment free from retaliation for exercising their rights.
Immigration Reform and Control Act (IRCA)
The Immigration Reform and Control Act (IRCA) is a federal law that requires employers to verify their employee’s eligibility to work in the United States. Employers who knowingly hired unauthorized employees are subject to heavy sanctions and fines.
So, unfortunately, in some cases when undocumented immigrant employees were injured at work, the employer may tried to use IRCA to deny undocumented employees workers’ compensation. Unscrupulous employers may even tell undocumented workers that since they aren’t authorized to work in the United States, they are not legally employees and ineligible for workers’ compensation.
In other cases, dishonest employers may try to “scare” an injured undocumented employee into not filing a workers compensation claim by saying that a workers comp claim will affect their immigration status and/or get them deported. However this is NOT the case.
If you have been injured at work, you deserve to be compensated – whether you are an undocumented worker or a US citizen.
California Workers Compensation Law & Undocumented Workers
California is among the 8 progressive state – including Arizona, California, Florida, Montana, Nevada, New York, Texas, and Utah – that expressly cover undocumented workers in their workers’ compensation statutes.
Most other states (such as Colorado) have not yet passed a law addressing workers comp for undocumented workers one way or the other. And some states (Idaho and Wyoming), expressly exclude undocumented workers from Workers Compensation.
If you are an undocumented worker in California who has been injured in the workplace, and your employer is denying your workers compensation claim, call our workers comp lawyers today. Do NOT be afraid to file or claim, or worry abourt being deported. Our experienced workers’ compensation lawyers will offer you a CONFIDENTIAL CONSULTATION to help you understand your rights.
We are here to help you and protect your rights.