Yes. If you are an undocumented worker injured or become ill because of your job in Fresno or elsewhere in California, you can generally receive workers’ compensation benefits. Your immigration status does not disqualify you from California workers’ compensation.
California law protects workers regardless of citizenship or immigration status. This is one of the most common fears we hear from injured workers in the Central Valley, especially in agriculture, construction, and food processing industries. Farmworkers, construction workers, and office employees can all suffer injuries from repetitive work, machinery, lifting, falls, vehicle accidents, heat exposure, and other workplace hazards.
What Does Workers’ Compensation Cover?
An undocumented worker who is injured on the job in Fresno’s benefits can include:
- Medical treatment. Your employer’s workers’ comp insurance must cover reasonable and necessary care connected to your injury including doctor visits, surgery, physical therapy, medication, and specialist referrals.
- Temporary disability payments. If your injury keeps you out of work while you recover, you’re entitled to partial wage replacement during that time.
- Permanent disability benefits. If your injury results in lasting impairment, you may be entitled to ongoing compensation.
- A settlement. Undocumented workers can resolve a claim through a settlement (a Compromise and Release or Stipulated Award), just like any other injured worker.
- Supplemental job displacement benefits in qualifying cases if you cannot return to your previous job and need retraining or skill enhancement.
Your Employer Cannot Use Your Status Against You
It is illegal for an employer to threaten to report you to immigration authorities, retaliate against you, or fire you for filing a workers’ comp claim.
Do I Have to Tell the State My Immigration Status?
The California Department of Industrial Relations states that workers seeking assistance from its Labor Commissioner’s Office are not required to disclose their immigration status, and the office does not ask about immigration status.
What If I Am Paid in Cash?
Being paid in cash does not mean you lose your workers’ compensation rights. Documenting your work history is especially important in this case.
What Should I Do If I Am Injured at Work?
- Report the injury to your employer as soon as possible. Ideally within 30 days, in writing if you can.
- Get medical attention, and make sure the treatment is documented as work-related.
- Keep records. Medical records, claim paperwork, communications with your employer, pay records, and anything else related to your injury.
- Don’t sign anything from your employer or their insurance company without understanding it first. Some employers pressure injured workers into agreements that limit their rights.
- Talk to an attorney. Too many injured workers in the San Joaquin Valley go without benefits they’re legally entitled to simply because they were told, incorrectly, that their status disqualifies them. Hernandez Law can help. Give us a call.
What If My Workers’ Compensation Claim Is Denied?
If your claim is denied, you may have the right to challenge the decision. Contact Hernandez Law.
Hernandez Law Is Here to Help In English or Español
If you were injured at work in Fresno, Madera, or elsewhere in the Central Valley, you do not have to navigate the workers’ compensation system alone. Call us for a free consultation at (559) 449-8150. We’ll explain your rights clearly, in the language you’re most comfortable with, and help you understand exactly what you’re entitled to.
