California’s workers’ compensation system was created to help ensure that employees who suffer harm as a result of their employment are not held financially responsible for many of the losses associated with work-related injuries or illness. Importantly, this protection extends to all workers, regardless of their immigration status.
Many undocumented workers may fear that seeking workers’ compensation benefits after being harmed on the job could lead to negative consequences related to their immigration status, but California law ensures that immigration status is not a factor in workers’ comp cases.
Equal protection under California law
Fortunately for employees of all backgrounds, California boasts some of the strongest worker protection laws in the country. The state’s workers’ compensation system is no exception. Under California Labor Code Section 1171.5, all employees, including undocumented workers, are entitled to the same rights and protections.
This means that if you are injured on the job, you have the right to file a workers’ compensation claim, receive medical treatment and collect benefits without fear of discrimination or retaliation based on your immigration status. In cases of fatal workplace accidents, the worker’s dependents may also be eligible for death benefits, regardless of the worker’s immigration status.
In addition to protecting workers’ compensation rights, California law also protects workers from retaliation. Employers are not allowed to fire, threaten or discriminate against employees for filing a workers’ compensation claim, regardless of their immigration status. If an employer does retaliate, an affected worker may have grounds to file a separate legal claim against the employer.
In California, workers’ compensation benefits are available to all workers, regardless of immigration status. Those who have questions about their rights are empowered to seek legal guidance at any time.