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.

You are owed a safe work environment, but accidents happen, and for this reason, most businesses are required to have workers’ compensation benefits. Regardless of who caused the accident, most work-related injuries are covered by workers’ compensation. However, if you’ve never struggled through the process of workers’ compensation, you may not know what it includes, so keep reading to learn more.

Medical Bills

Naturally, if you get hurt, you’ll need some kind of medical treatment. Luckily, workers’ compensation coverage usually covers any related procedures as long as they have been recommended by the doctor. This doesn’t just include the actual treatment, but it also includes diagnostic tests (X-rays, MRIs, etc.), emergency room visits, and hospital stays.

Some injuries aren’t fixed with just a trip to the emergency room or doctor. For example, if you broke your wrist while working, you may need additional rehabilitative treatments after the wrist has healed to regain mobility and functionality.

In some cases, your injury leads to long-term or permanent issues, such as a permanent disability or a drastic change in mood. This is known as pain and suffering and is not included in workers’ compensation benefits. You can only get workers’ compensation if you are able to sue someone related to the injury.

Lost Wages

Regardless of the severity of your injury, you may have some lost wages from missing work. If you only missed half a day for a trip to your doctor, workers’ compensation benefits will likely not cover the lost wages. However, once you’ve missed a few days of work, wage replacement eligibility begins immediately.

Workers’ compensation should include some coverage for lost wages. In most cases, the benefit is two-thirds of your average wage. This amount may seem unfair at first glance, but unlike your actual wages, the workers’ compensation benefits are not taxed.

Disability

Some workers may qualify for long-term or permanent disability benefits, but the qualifications are strict. First, the injury must qualify for workers’ compensation, so it must have happened while you were at work. The injury must be severe enough to render you disabled or impaired, and finally, the disability prevents you from returning to work (or hinders your ability to fully do your job).

Some workers can return to work but, per doctor orders, they have restrictions on what they can and can’t do, such as lifting heavy objects or standing for too long. Even in this event, you may qualify for permanent disability benefits. Of course, if you end up recovering 100 percent from your injury, you will no longer qualify for permanent disability benefits.

Death

Workers’ compensation coverage should also include death benefits if an employee passes as a result of the work-related injury. Even if the worker didn’t pass until months or years after the injury, but the injury caused the death, close relationships may qualify for death benefits from workers’ compensation.

Usually, the only people who qualify for death benefits are those who are dependent on the lost loved one. This nearly always includes children under the age of 18, and spouses are usually considered, but some states may limit benefits if the spouse has a high income of their own. Adult children may also qualify for benefits if they have a disability that prevents them from earning money.

As long as your injury is related to an accident or hazard at work, you should qualify for workers’ compensation benefits. Problems arise, however, and your employer may try to deny your benefits. If you need more information about workers’ compensation claims, or you’re ready to get help for your workers’ compensation claim, contact us at Hernandez Law Offices today.