Will A Workers’ Comp Claim Hurt Your Immigration Status?
If you are injured at work, you are eligible for workers’ compensation, even if you are not a U.S. citizen. You may have been told that you cannot apply for workers’ compensation, but that is not true. You can apply and it will not endanger your immigration status.
If you are an undocumented worker and are injured at work, you can still get workers’ compensation. Call the attorneys at Berger & Michelena: 800-488-4813.
At Berger & Michelena, we represent injured workers in the Los Angeles area, whether or not they are U.S. citizens. We can talk about your accident with you and help you apply for workers’ compensation.
Common Misconceptions Undocumented Workers Have About Filing Workers’ Comp
Undocumented workers in California often face several misconceptions about their rights to workers’ compensation. Here are some common misunderstandings:
- Ineligibility due to immigration status: Many undocumented workers believe they cannot receive workers’ comp benefits. However, California workers, regardless of their immigration status, can be eligible for workers’ compensation benefits.
- Fear of deportation: Many undocumented workers worry that filing a claim could result in their being deported. However, California’s workers’ compensation process does not involve immigration authorities, and employers cannot legally retaliate based on immigration status.
- Access to medical treatment and wage compensation: Some undocumented workers think they cannot receive medical treatment or compensation for lost wages. However, they are entitled to both under California’s workers’ compensation system.
It is crucial for these workers to know that they have rights and seek help from experienced workers’ compensation attorneys like us so they can navigate the process successfully.
How Can Undocumented Workers Prepare For The Workers’ Comp Process In California?
Undocumented workers in California can effectively prepare for the workers’ compensation process by following several important steps to ensure they receive the benefits they deserve. Here are some key actions to consider:
- Report any work-related injuries to your employer as soon as they happen.
- Maintain detailed records of the incident, including the date, time and location it happened, as well as if there were any witnesses.
- Seek medical attention from a licensed health care provider and keep a record of all medical records and bills to support your claim.
- Gather and organize employment documents like pay stubs or employment agreements. Doing so can allow you to establish evidence that you work for your employer.
- Seek guidance from a workers’ comp attorney who can assist you with the nuances of the process and the negotiations with your employer and their insurance company.
By being proactive, you can take the steps necessary to complete your claim with confidence.
All Workers Can Apply For Workers’ Compensation
Undocumented or illegal workers are often afraid to report work injuries. However, your immigration status does not affect your workers’ compensation claim. You can apply for workers’ compensation benefits and lost wages, even if you were paid in cash or did not file taxes.
Our workers’ compensation lawyers represent injured workers in Los Angeles regardless of their immigration status. We understand that you may be worried that you will be reported to U.S. Immigration and Customs Enforcement (ICE) if you file for workers’ compensation. However, your employer is not supposed to threaten you with your immigration status. If you wish, we can refer you to an immigration lawyer to assist with your status.
How Can A Workers’ Comp Attorney Help Undocumented Workers?
A California workers’ comp attorney can provide crucial assistance to undocumented workers by helping them:
- Understand the rights and benefits they are entitled to
- Assist in filing claims
- Submit benefits documentation in a timely and effective manner
- Protect undocumented workers against employer retaliation
- Negotiate with employers and their insurance companies to secure fair settlements for medical treatment and lost wages
Learn more about what we can do for you as an undocumented worker by reaching out today.
Contact A Lawyer In Los Angeles Today
For a free consultation, please call 800-488-4813 or contact us online. Hablamos español.