People who get hurt while working may experience hardship. They could have major medical bills without any health insurance to cover their costs. They may also require a leave of absence from work or become unable to continue working at all.
California law extends the protection of workers’ compensation benefits to almost all professionals in the state. Workers in essentially any position can count on protection if they get hurt at work or develop a job-related medical condition. Benefits can pay for people’s healthcare after an injury. Workers can also apply for disability benefits that will replace their wages if their medical condition keeps them from working.
Some workers who could qualify for disability and healthcare benefits do not apply for workers’ compensation. They may have heard inaccurate information from others, possibly even their employers. Undocumented workers are among those who may not understand their rights after a workplace injury.
Employment status matters more than immigration paperwork
California law is very clear about the obligation of employers to workers of all circumstances. State law specifically clarifies that undocumented workers have the same rights as United States citizens in most work scenarios. It is someone’s employment arrangement and contributions at a company that make them eligible for workers’ compensation benefits. Essentially, they need to be accurately classified as a full-time or part-time employee – not an independent contractor – to be covered by workers’ comp. Their documentation status as an immigrant has no bearing on the right to workers’ compensation coverage.
Employers sometimes try to misrepresent the rights of workers to intimidate them out of applying, but workers shouldn’t have to forgo coverage because of their immigration status. If they know their rights, they can get benefits without worrying about deportation or losing their jobs.
Workers may fear retaliation
If an employee has to make a claim and they believe that their employer will take issue with it, they may worry about retaliation. Employers sometimes punish workers for making use of their rights, including the right to request workers’ compensation benefits or accommodations while dealing with a medical issue.
If a worker understands their rights under both federal and California employment laws, they will have an easier time standing up for themselves after they get hurt on the job. Making a claim for workers’ compensation benefits may help cover a worker’s treatment cost and help them support their family if they get injured at work, regardless of their immigration status.
