Comprehensive Legal Support for Immigrant Workers in California
Immigrant workers form the backbone of many industries in California, contributing to agriculture, construction, hospitality, and more. Unfortunately, workplace injuries can disrupt lives and livelihoods. Regardless of your immigration status, California law protects your right to workers’ compensation benefits. If you’re an immigrant worker seeking compensation after an on-the-job injury, the Riverside legal team at Ochoa & CalderĂłn is here to help.
Understanding Workers’ Compensation for Immigrant Workers
California law guarantees workers’ compensation benefits to all employees injured on the job. Immigration status does not alter these rights. Immigrant workers, including those who are undocumented, are entitled to benefits such as:
- Medical treatment: Full coverage for work-related injuries or illnesses, including surgeries, medications, and physical therapy.
- Temporary disability benefits: Partial wage replacement while recovering from injuries.
- Permanent disability benefits: Compensation for long-term or permanent injuries that prevent returning to work.
Whether you hold a green card, work visa, or no documentation, you have the right to compensation for injuries sustained on the job. Employers cannot deny you these benefits based on your immigration status.
Challenges for Undocumented Workers
Undocumented workers face unique challenges when seeking workers’ compensation. While California law ensures their access to benefits, certain limitations may apply:
- Light-duty work: If your employer offers modified work within your medical restrictions, you must accept it instead of receiving temporary disability benefits.
- Supplemental job displacement benefits: Undocumented workers may not qualify for these benefits if their inability to work results solely from their immigration status.
Despite these limitations, undocumented workers still have robust protections under California law. Employers cannot retaliate or threaten workers who file compensation claims. If an employer discriminates against you or denies your rightful benefits, you can take legal action with the help of an experienced workers’ compensation lawyer.
Legal Protections for Immigrant Workers
California law prohibits discrimination against immigrant workers in the workplace. Employers must not:
- Refuse workers’ compensation benefits based on immigration status
- Threaten to report an undocumented worker to immigration authorities
- Retaliate against workers for filing claims
If your employer engages in these illegal practices, you may file a claim for damages, including compensation for lost wages, emotional distress, and punitive damages. A skilled immigrant workers’ attorney can guide you through this process and safeguard your rights.
Steps to Take After a Workplace Injury
Immigrant workers should act quickly after a workplace injury to protect their health and legal rights. Follow these steps:
- Seek medical attention: Prioritize your health and document your injuries with a licensed healthcare provider.
- Report the injury: Notify your employer immediately about the incident. Delays in reporting could jeopardize your claim.
- File a workers’ compensation claim: Submit the required forms promptly to initiate your claim.
- Consult an attorney: Reach out to a knowledgeable immigrant workers’ lawyer to ensure your rights are fully protected.
FAQs About Workers’ Compensation for Immigrant Workers
Can undocumented workers receive workers’ compensation benefits?
Yes, undocumented workers are entitled to workers’ compensation in California. The law ensures that all employees injured on the job can access medical care and benefits, regardless of immigration status.
What should I do if my employer denies my workers’ compensation claim?
If your employer denies your claim, consult an experienced attorney immediately. Legal professionals can help you file an appeal and fight for the benefits you deserve.
What happens if my employer retaliates against me for filing a claim?
Retaliation is illegal. If your employer threatens or discriminates against you for seeking workers’ compensation, you may file a retaliation claim and seek damages with legal assistance.
Can I get compensation for long-term injuries?
Yes, permanent disability benefits are available to workers with long-term or permanent injuries, regardless of immigration status.
Will my immigration status affect my ability to sue my employer?
Immigration status does not affect your legal rights. If your employer violates labor laws, you can pursue justice through California’s legal system.
Contact Riverside Immigrant Workers’ Compensation Lawyers Today
If you’ve been injured at work, don’t let your immigration status deter you from seeking justice. The compassionate and experienced team at Ochoa & Calderón is dedicated to protecting the rights of immigrant workers. Contact us today for a free consultation by calling 951-901-4444 in Riverside or 844-401-0750 toll-free throughout Southern California. You can also reach out online to schedule your consultation.
