By law, all Los Angeles and California employers must keep their employees safe and provide compensation and benefits if they get hurt while doing their job. But is this true for undocumented workers? Yes, it is, but there are some exceptions. At Casa de la Justicia, we explain how workers’ compensation laws apply to undocumented workers. We help Latinos who are injured at work in the state of California get the maximum compensation and benefits they deserve.
If you have been injured at work, call us at 1-800-840-4040, from the comfort of your home. The call is free, and we will tell you in 10 minutes if you have a case. If you do, we will help you by phone to file your claim free of charge—you don’t have to leave your home!
Undocumented workers in Los Angeles and in the state of California have the right to workers’ compensation benefits if they are injured while on the job, but not in all cases.
In this article, we explain the laws that protect undocumented workers if they are injured on the job.
What is an Undocumented Worker?
Federal law prohibits any employer from hiring a person who is not authorized to work in the U.S. An undocumented worker is someone who does not have a social security number or a work visa, and therefore, is working illegally.1
Are Undocumented Workers Eligible for Workers’ Compensation?
Undocumented employees are eligible for workers’ compensation in California if they are injured while on the job. However, the law states that the person must return to work if the job can be modified, or if they can do a different job that follows their doctor’s orders. But what if the employer discovers that they are undocumented? 2
Usually, if an employer can’t accommodate the injured worker with a different job, then they can continue to receive temporary disability benefits or supplemental job displacement benefits.3,4 But if the employer can’t bring the person back to work because of their immigration status (remember, it’s illegal to hire an undocumented worker), then the person is no longer eligible for workers’ compensation benefits.
In this one case, U.S. federal immigration law wins out over California’s workers’ compensation law.
Workers’ Compensation and Undocumented Workers: California Law vs. Federal Law
According to California law, employees include people who are not citizens or nationals of the U.S. An employee is defined as anyone who is “in the service of an employer under any appointment or contract of hire or apprenticeship… whether lawfully or unlawfully employed.”2 However, federal law stipulates that an employer can’t hire anyone who does not have the legal right to work in the U.S.
So, what does this mean? Here are some answers to frequently asked questions about undocumented workers and workers’ compensation.
Can I get workers’ compensation in California if I’m undocumented?
If you are injured, you are entitled to receive workers’ compensation benefits, regardless of your current legal status and even if you are unlawfully employed (undocumented).
What if I don’t have a valid social security number?
If you file a claim and your employer discovers that you do not have a valid social security number, they must still pay workers’ compensation benefits. This is still true even if you were untruthful in your employment application.
Are there any limits to workers’ compensation benefits if I’m undocumented?
In the state of California, undocumented employees can receive medical treatment and permanent disability. However, temporary workers’ compensation benefits may be limited. If your employer discovers that you cannot legally work in the U.S., they cannot hire you back for modified work that accommodates your temporary disability. Being unable to go back to work due to your legal status may cause you to lose your disability benefits or supplemental job displacement benefits.
What can I do to ensure that I get benefits if I’m injured at work?
You can settle your workers’ compensation claim through either Stipulated Findings and Award or Compromise and Release. The state of California first issues a disability rating, as a percentage, of how disabled you are. If you and your employer agree with the rating, you have two options. 5
Stipulated Findings and Award – Through a written agreement, you request that an award be made without a hearing. This is helpful if you need future medical care. It’s fast and you don’t need to take off from work. You can also apply for additional payments if your medical condition worsens. However, you’ll typically get payments every two weeks rather than a lump sum.5
Compromise and Release – This agreement usually closes a workers’ compensation claim permanently, except for vocational rehabilitation benefits, which includes future medical care. This is paid as a lump sum. You may receive more money since you are giving up the right to make a future claim. If your employer disputes the disability rating, this assures you receive payment now. However, this releases them from future responsibility. 5
What if my employer is uninsured?
As an undocumented employee, you can still get benefits through California’s Uninsured Employers Benefits Trust Fund (UEBTF).6 This fund will pay you benefits if your employer is unable to.
What if I lied about my immigration status in an employment application? What if I used a fake social security number?
You can be fined and prosecuted for using false documents to obtain employment. However, this is a separate legal issue and not related to receiving benefits if you’re injured on the job. Falsely claiming a legal right to work in the U.S. is not considered workers’ compensation fraud. So long as the injury occurred at work, and you haven’t made false statements on your claim, you are still eligible.
The California workers’ compensation program does not determine legal status, nor does it deny workers’ compensation benefits to undocumented injured workers. Its mission is to provide treatment and benefits for injured employees and to create a safe work environment.
Are Undocumented Workers Excluded Form Worker’s Compensation in California?
All California workers are entitled to worker’s compensation if they have a work-related injury, whether they are documented or not. California law ensures that employers cannot hire undocumented workers and then refuse to pay workers’ compensation.
Injured at Work? We Help Undocumented Workers Get Workers’ Compensation Benefits
If you had a work injury in California and are undocumented, contact Casa de la Justicia today for a free consultation. All workers have the right to workers’ compensation, and we will let you know in 10 minutes, by phone, if you have a legitimate claim. We can also help you if you’ve been injured at work and are currently in a dispute with your employer over your workers’ compensation benefits.
Sources
- “Chapter 12, Immigration and Nationality, United States Code, §1324a. Unlawful employment of aliens.” https://uscode.house.gov/view.xhtml?req=(title:8%20section:1324a%20edition:prelim)
- “Labor Code, Division 4. Workers’ Compensation and Insurance.” California Legislature, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=3351
- “Temporary disability benefits.” State of California Department of Industrial Relations (DIR), https://www.dir.ca.gov/dwc/TemporaryDisability.htm
- “Supplemental job displacement benefits.” State of California Department of Industrial Relations (DIR), https://www.dir.ca.gov/dwc/sjdb.html
- “Notice of Options Following Disability Rating.” State of California Department of Industrial Relations (DIR), https://www.dir.ca.gov/dwc/deu110.pdf
- “Uninsured Employers Benefits Trust Fund (UEBTF) & Subsequent Injuries Benefits Trust Fund (SIBTF).” State of California Department of Industrial Relations (DIR), https://www.dir.ca.gov/dwc/claims.html
