Undocumented immigrants who have been employed in the state of California are entitled to the same Worker's Compensation rights as those who are in the country legally. An employer cannot refuse to pay a Worker's Compensation claim if the injured person is an undocumented immigrant.
Can Undocumented Workers Collect Worker's Compensation Benefits?
Because undocumented workers have the same rights as other workers, they are able to receive compensation if they are injured while working. An employer may try to prevent the injured worker from filing a claim, but the fact is, the worker is entitled to Worker's Compensation benefits, undocumented or not.
What is the Immigration Reform and Control Act?
The IRCA requires that every employer must be diligent in their hiring practices. This means only hiring workers who have the proper documentation to work in the United States. If a company is caught hiring undocumented immigrants, they are the ones at fault and will be hit with heavy fines and fees.
How Can a Worker's Compensation Attorney Help?
If you are an undocumented worker and you have been injured, hiring a Worker's compensation attorney to try your case is your best shot at winning, in spite of your employer's unwillingness to help. By calling a worker's compensation attorney, it shows you are serious about your rights and that you know you deserve compensation.
At Gaylord and Nantais, you will find worker's compensation attorneys who have many years of experience handling these types of cases. Call and schedule your consultation today!