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Can I File a Workers’ Compensation Claim If I Am an Undocumented Immigrant?

  • Published: November 15, 2022

If you are an undocumented immigrant, can you still file a workers’ compensation claim if you are injured at work? If not, what other options do you have to help with your medical bills or other issues from your injury? 

If you are an undocumented immigrant working in an unsafe workplace or organization, it is important that you understand your rights. Some jobs may try to take away your benefits, even though you are able to receive workers’ compensation. KCNS Law Group can help you figure out what your options are.

Can Undocumented Workers Obtain California Workers’ Compensation Benefits?

Undocumented workers in California are eligible for workers’ compensation benefits if they are injured on the job. Their immigration status is not a factor in determining whether they can receive benefits. Undocumented workers are entitled to the same medical treatment and wage replacement benefits as any other injured worker in the state.

However, they may have difficulty obtaining these benefits because their employer may not have a valid social security number for them. However, regardless of their immigration status, all workers in the United States have the right to work in safety and to receive medical treatment if they are injured on the job.

What Steps Can Undocumented Workers Take to Obtain Benefits?

An undocumented worker who is injured on the job may be able to obtain benefits by taking certain steps. The worker should first call an attorney to discuss their options and immigration status. The attorney can help the worker determine if they are eligible for benefits and what steps to take next. The worker may also need to contact their employer to discuss the situation and find out if they are eligible for any benefits through their job.

What Are Undocumented Workers Entitled to When They Are Injured on the Job?

According to federal law, undocumented workers are not entitled to some of the same protections as U.S. citizens or legal residents. However, if an undocumented worker is injured on the job, the employer is still required to provide medical care and workers’ compensation benefits.

Undocumented workers must also be paid for any work they perform in the U.S. In California, there is generally more support for workers’ compensation claims for undocumented workers than in other states due to the large undocumented population.

Can Undocumented Workers Sue an Employer?

Undocumented workers can sue their employers in some cases. For example, if the employer does not provide workers’ compensation for an injury, the undocumented worker may be able to sue for damages. However, undocumented workers’ immigration status may make it difficult for some people to get their benefits, even if they are owed them. 

Contact a Workers’ Compensation Attorney in California

Undocumented workers do not have a social security number when they work in the U.S., but their employers are still responsible for providing them with the proper wages, benefits, and medical treatment when they are injured on the job. Undocumented workers can sue their employers in certain situations if they have not provided these benefits. It is important that you understand your rights and your options if you receive an injury or a wage loss while at work.

If you have been injured at work and you aren’t sure if you are eligible to receive workers’ compensation, then it is important that you contact an attorney right away. KCNS Law Group can help you understand your rights and get the compensation you deserve. In California, there is support for workers’ compensation claims for undocumented workers. Contact us online or call us at (818) 937-9255.

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