Undocumented Workers Can File Workers Compensation Cases

Can Undocumented Workers File for Workers’ Compensation in California? Yes — your immigration status does not affect your right to workers’ compensation. At Lee Partners Law, we want to be absolutely clear: undocumented workers have the legal right to file a claim if they are injured on the job. California law protects all workers, regardless of status, and insurance companies and employers are not legally allowed to investigate or question your immigration status as part of your claim. Sometimes, employers or insurers may try to use fear or intimidation to stop you from filing.

Don’t let them.

California Labor Code section 1171.5 states: “All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.” Even more, a person’s immigration status is irrelevant to the issue of liability, and in any proceeding or discovery undertaken to enforce those state laws, no inquiry shall be permitted into a person’s immigration status. This means your status cannot be used against you, and it should not even be discussed during the case. Your privacy is protected. There is a sacred bond between attorney and client. Authorities cannot access your legal file, and all conversations with our firm are confidential.

If you are undocumented and hurt at work, you can speak to us safely and securely. Please contact us today for a free case evaluation.