Workers' Compensation for Undocumented Workers

Millions of undocumented immigrants live and work in the United States. In California, alone, undocumented workers make up 6% of the state’s workforce. Many of these workers are employed in high-risk fields like construction or agriculture.

When undocumented workers are injured, they often believe that they don’t qualify for workers’ compensation, or that filing for this financial assistance will get them deported. California has long recognized the reality and importance of the undocumented working population, and provides protections and benefits to injured undocumented workers despite Federal restrictions.

Undocumented Workers In California Are Eligible For Workers’ Comp. Benefits

The California Workers’ Compensation system is designed to provide treatment and benefits for injured workers, and to create a safe workplace. In 2002, California passed a law that mandates all employee protections be afforded every worker, regardless of immigration status.

An undocumented worker that sustains a work injury in California is eligible to receive all workers’ compensation benefits, including temporary disability. This policy prevents employers from taking advantage of undocumented workers. Without such laws, it is easier for employers to discriminate against, take advantage of, and /or abuse undocumented employees. 

Even if an employer is uninsured, an undocumented worker is still entitled to benefits through a California state agency called the Uninsured Employers Benefit Trust Fund.

California Workers’ Comp. and Federal Immigration Law

Much of the fear of filing for workers’ compensation or other benefits has to do with a Federal law passed in 1986 known as the IRCA. Under this federal mandate, an employer can be fined and criminally prosecuted if it violates the rules on work eligibility. A worker who uses false documents to gain employment can also be fined and criminally prosecuted.

However, California law specifically states that:

• Any person employed in the state can claim benefits available under state law except for reinstatement

• Immigration status is irrelevant to the issue of fault regarding a work injury and no inquiry can be made as to immigration status unless it is to comply with federal law

This protects the right of undocumented workers to obtain workers’ compensation benefits. 

In addition, this law makes clear that there is no fraud related to workers’ compensation benefits if the worker is undocumented. Any individual’s claim that they can legally work in the United States is not relevant to the workers’ compensation case.

Worker’s Compensation Claims and the Fear of Deportation

Many undocumented injured workers do not come forward for fear of deportation. To provide undocumented workers who are injured on the job some protection from the risk of deportation, the California Division of Labor Standards Enforcement has an enacted a policy never to question the immigration status of applicants for workers’ compensation.

The State of California does what it can to protect its employees. However, the risk does remain. Working with an experienced California workers’ compensation lawyer can help to prevent your claim from bringing undue attention to your legal status.

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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.