Does Workers’ Comp Cover Non-Citizen Employees?

If you are a non-citizen, whether you are working under a temporary visa, permanent residence status with a green card, or as an undocumented worker, you might be concerned about your workers’ compensation coverage in the case you experience a workplace injury.

Federal law imposes strict penalties on employers who hire undocumented workers, and lately federal policy appears to be gearing towards limiting the rights of even documented immigrants.  Thankfully, California has some of the most worker-friendly injury and workers’ compensation laws in the country, regardless of your immigration status. All California workers receive some level of workplace injury protection. 

California law provides that workers’ compensation is available to any employee injured in the course of performing their workplace duties.  California Labor Code section 3351 defines “employee” for the purposes of the Labor Code. That definition expressly includes not only adult citizens but also “aliens and minors,” regardless of whether they are “lawfully or unlawfully employed.” California law also extends workplace protections to aliens, regardless of whether they are documented or undocumented, and regardless of whether they are employed legally or illegally. If you are a California worker, and you get hurt on the job, you are entitled to benefits.

Workers’ compensation in California covers virtually every employee in the state, but does this include non-citizen employees?

This is an important question to address because many non-citizen employees, particularly undocumented workers, work in some of the most dangerous industries like construction and agriculture. These jobs are not only physically demanding, but they pose all sorts of injury and illness risks from heavy machinery to toxic chemicals.

If you aren’t a U.S. citizen and get hurt on the job, does workers’ compensation cover you just the same? As it turns out, yes: green card holders and undocumented immigrants alike can file for workers’ compensation benefits in California.

That said, these workers are not eligible for temporary disability benefits when they can access modified work. They also can’t receive supplemental job displacement benefits if they can find permanent work.

Employers who can’t offer injured non-citizen workers modified or permanent work must pay the benefits unless the employee’s unable to work due to their immigration status. This situation usually occurs when an employer discovers an employee is undocumented after their injury.

What if an employee lied about their right to work?

Employers can usually successfully challenge workers’ compensation claims by asserting that the employee made false statements about the incident. This, however, doesn’t extend to any false statements the employee may have made about their immigration status or right to work.

The difference is that the employee lied about their right to work, not the injury itself. If a lie about the injury is told, then it is considered fraud.

How can undocumented workers obtain benefits?

If you are undocumented and were injured while at work, you can benefit from working closely with an attorney on your workers’ compensation matter.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.