Can My Immigration Status Be Affected If I File An Injury Claim?

No, filing a personal injury claim does not affect your immigration status. Federal and state laws, including the Equal Protection Clause, guarantee your right to seek compensation after an injury, regardless of whether you are a U.S. citizen, permanent resident, visa holder, or undocumented.

A recent analysis by the Pew Research Center of data from the Census Bureau reveals that, as of June 2025, 19% of the U.S. labor force consists of immigrants, with an even larger proportion in high-risk jobs.

Courts focus on the facts of your injury case, not your legal presence, and immigration authorities are not notified when you file a personal injury claim.

Many immigrants hesitate to take legal action due to fear of immigration consequences, but those fears are often unfounded. Whether you suffered injuries in a car crash, workplace accident, or slip-and-fall, you have the same right to recover damages for medical bills, lost income, and pain and suffering as anyone else.

Our injury attorneys can help protect your privacy and navigate the legal process. We provide free accident lawyer advice during the initial consultation. Call us at (888) 488-1391 to schedule yours.

Important takeaways:

Why Filing A Personal Injury Claim Doesn’t Impact Immigration Status

It is because federal and state laws protect your right to file a personal injury claim after an injury, regardless of your citizenship status. Courts focus on the facts, how the accident happened, and how it affected you. Your immigration status does not matter. Here are some federal laws that enforce the rights of immigrants in injury cases:

California law also protects your privacy. Courts ignore your legal presence in the U.S. unless it directly affects how they calculate damages. You have the same right to fair compensation and legal representation as anyone else. Each state may have specific laws regarding immigration and personal injury. While these may vary, federal protections may still help immigrants who want to pursue injury claims throughout the country.

Immigration authorities typically don’t get involved in personal injury claims. Unless a serious crime is involved, your status remains separate from your case. This includes common accidents like car crashes, workplace injuries, and slip-and-falls.

How Lawyers Protect Your Immigration Status In Injury Cases

Many immigrants worry that filing a legal claim might attract attention from immigration authorities. While that concern is understandable, it’s rarely an issue when you work with a personal injury lawyer who understands how to protect your privacy and rights.

Many people avoid seeking help after an accident or crime because they fear it could affect their immigration status. This fear often results in unpaid medical bills, lost income, and greater financial hardship.

Keep these points in mind:

• Your Attorney Must Protect Your Privacy — By law and ethics, your lawyer must protect your privacy and not share your immigration status without your consent. This safeguard means you can file a claim without creating any personal injury lawsuit immigration risk.
• Civil Courts Focus On The Injury Case, Not Your Status — The courts focus only on the details of the claim, not immigration issues. The court looks at:
  • What caused the accident
  • How serious are the injuries
  • Who is responsible for the damages

Your Legal Rights To File An Injury Claim As An Immigrant

California law recognizes that injured individuals have the right to seek compensation after an injury. This right applies regardless of your immigration status. You can take legal action whether you are a:

• Tourist or a temporary worker.
• Permanent resident or green card holder.
• Person applying for citizenship.
• Undocumented immigrant.
• Refugee or asylum seeker.
• Any type of visa holder.

The law further states that:

• Your immigration or citizenship status cannot be used to reduce the amount of money you may receive.
• Courts must treat all people fairly, no matter their backgrounds.

Depending on the circumstances of your case, you may be eligible to pursue compensation for damages such as:

• Medical Costs — You may get compensation for injury-related medical expenses, such as hospital bills, medicine, and treatment like physical therapy or chiropractic care.
• Lost Wages — If you missed work because of your injury, you can seek compensation for lost income. If the injury affects your long-term ability to work, you may recover additional damages.
• Non-Economic Damages — You can also recover money for pain and suffering, mental anguish, or emotional distress caused by the injury.

Workers’ Compensation Rights For Undocumented Immigrants

Even if you work in the United States without proper documentation, California law still protects your right to workers’ compensation benefits if you get hurt on the job. Workers’ comp rights for undocumented workers include access to medical care, wage replacement, and other benefits after a work-related injury.

According to the law:

• Employers must provide these benefits to all injured workers, even those without legal status.
• Even though it is illegal to hire undocumented workers, employers cannot deny benefits based on immigration status.
• Employers that refuse coverage or fail to carry workers ‘ comp insurance face civil penalties up to $10,000 per violation, plus additional Cal/OSHA fines for any safety lapses.

Denying a workers’ compensation claim based on immigration status violates California law, which protects all workers.

If your employer doesn’t carry workers’ compensation insurance, the Uninsured Employers Benefits Trust Fund (UEBTF) may help. This state-run program can cover medical care and other benefits while seeking repayment from your employer.

Workers’ compensation lawyers can verify if the injured undocumented worker also qualifies for:

• Temporary Disability Benefits — If they are unable to work while recovering from a job-related injury. Here are key things to remember:
  • These benefits help replace lost wages during recovery.
  • If your employer offers light-duty work that you can safely do, benefits may be reduced or stopped.
• Permanent Disability Benefits — If a workplace injury causes lasting disabilities that reduce the worker’s ability to earn a living. Some workers may qualify for supplemental job displacement benefits, which could affect payment amounts.

Fear of deportation is the number-one reason many injured immigrants stay silent after a workplace accident. California lawmakers know this, and they have armed you with some of the nation’s toughest anti-retaliation rules. If an employer even hints at calling immigration to shut down your claim, they are breaking the law — plain and simple.

The Statutes That Protect You

• Labor Code § 98.6 – Bars an employer from firing, demoting, cutting hours, denying promotions, or otherwise punishing you for reporting an injury, filing a workers ‘ comp claim, or complaining about safety.
• Labor Code § 1019 – Makes it a separate violation to threaten, or actually contact, U.S. Immigration and Customs Enforcement (ICE) to intimidate you or your family.
• Labor Code § 1102.5 – Extends whistle-blower protection to anyone who reports illegal workplace practices, including safety hazards that caused your injury.
• Cal/OSHA regulations – Require employers to provide a safe work environment; retaliation for raising safety concerns can trigger additional Cal/OSHA fines.

What Retaliation Looks Like in Real Life

• “Drop the claim or I’ll call immigration on you.”
• Cutting your schedule from 40 hours to 10 hours the week after you report the injury.
• Reassigning you to the dirtiest, most dangerous tasks because you hired a lawyer.
• Spreading false rumors about your immigration status to make co-workers ostracize you.
• Holding your last paycheck or tips “until this lawsuit goes away.”

Consequences for Employers Who Retaliate

• Civil fines up to $10,000 per incident – State labor agencies can impose significant penalties for each act of retaliation, resulting in an immediate financial impact.
• Back pay plus 10 percent annual interest – Employers are required to return any lost paychecks and pay statutory interest, ensuring that you receive your full earnings.
• Mandatory job reinstatement – Courts have the authority to require the company to restore your position, seniority, and benefits.
• Cal/OSHA citations and six-figure penalties – If safety violations occur alongside retaliation, regulators can impose additional fines that may quickly total six figures.
• Payment of your attorney’s fees and legal costs – A successful claim transfers the entire legal costs to the employer.
• Compensatory and punitive damages for willful misconduct – Judges may grant additional compensation for emotional distress and punitive damages to penalize and deter repeat offenders.

Four-Step Action Plan if You Are Threatened

1. Save the evidence – Screenshot texts, record voicemails, photograph schedule changes, and keep pay stubs.
2. Line up witnesses – Ask trusted co-workers to write down what they heard or saw.
3. Report to the Labor Commissioner – File a retaliation complaint within one year; multilingual help is available.
4. Call an injury lawyer immediately – Retaliation is its own claim and can multiply your total compensation.

Filing a workers ‘ comp or personal injury claim is your legal right, no matter where you were born or what papers you hold. If an employer tries to weaponize your immigration status, California law flips the script—turning their threat into your leverage for higher damages and stronger courtroom credibility. Stand firm, document everything, and let the law work for you.

Industries Where Undocumented Workers Face the Highest Injury Risk

Undocumented immigrants hold many of America’s toughest jobs. Construction alone has 20 percent of the workforce lacking legal status. Several other labor-intensive sectors depend on undocumented labor at similar or even higher rates. These industries combine heavy physical demands, limited safety oversight, and employers who may underinvest in training or protective gear. This pushes injury rates well above the national average.

High-risk sectors and their common injuries:

• Construction (about 20% undocumented) — Falls from roofs and scaffolds, workers struck by cranes or concrete mixers, and crush injuries in trench cave-ins.
• Agriculture and Farming (about 45%) — Heatstroke during harvest, tractor rollovers, respiratory illness from pesticide spray, and machinery entanglements.
• Accommodation and Food Services (about 12%) — Grease burns, knife lacerations, repetitive strain on shoulders and wrists for cooks and housekeepers.
• Manufacturing and Food Processing (about 11%) — Conveyor-belt crushes or amputation hazards, chemical burns from industrial cleaners, and overuse injuries.
• Janitorial, Landscaping, and Waste Services (about 10%) — Toxic-cleaner inhalation, slip-and-fall incidents, chainsaw and lawn-equipment cuts.
• Warehousing and Retail Logistics (about 8%) — Forklift collisions, falling boxes, chronic back pain, and hernias from constant heavy lifting.
• Home-Health and Personal Care (about 40% are immigrants) — Lower-back injuries from lifting patients, vehicle crashes while traveling between client homes.

Because these jobs require continuous physical labor, injuries are frequent. California workers’ compensation law covers every employee, documented or not, so you can still claim medical care and wage replacement after a workplace accident. Workers’ compensation attorneys can provide guidance on navigating claims, explaining rights under the law, and helping employees access the benefits available to them.

This coverage ensures that workers can receive necessary medical treatment and financial support, regardless of their immigration status. Employees in these physically demanding roles must understand their rights and seek proper compensation to recover and return to work safely.

Injury Claim Types You Can File Regardless Of Immigration Status

Many immigrants hesitate to speak up after an injury. Knowing the kinds of personal injury claims you can file may help you understand when legal action is possible and what protections are available to you.

• Motor Vehicle Accidents — Some accidents happen because of careless drivers. Understanding the leading causes of vehicle accidents in the U.S. can help readers see how these incidents lead to claims. Car accident lawyers handle cases involving:
  • Cars and motorcycles
  • Delivery trucks or work vehicles
  • Bicycles or scooters
  • Pedestrians

  Injury claims can also arise from rideshare crashes, where Uber accident lawyers can guide victims through the legal process.

• Workplace Injuries — Many immigrants work in physically demanding jobs, which come with a high risk of injury. According to the National Association of Home Builders (NAHB), immigrants make up 30% of the construction workforce. Common causes of workplace injuries include:
  • Falls — From roofs, ladders, or open holes.
  • Crush Injuries or Amputations — From heavy or unsafe machinery.
  • Repetitive Strain Injuries — From repeated lifting or motion.
  • Chemical Exposure — Long-term contact with harmful substances.
  • Vehicle Accidents — While driving delivery routes or job site vehicles.

  Work injury lawyers may assist such cases. They are familiar with federal and state regulations, which can help victims navigate discussions with employers, union representatives, and other involved parties. In addition, they can also explain workers’ compensation rights for immigrants.

• Premises Liability — Property owners must keep their spaces safe. If they don’t, and someone gets hurt, they can be held responsible. Injuries may happen from:
  • Slips, trips, and falls.
  • Poor lighting or cluttered hallways.
  • Dog bites or attacks.
  • Fires or electrical problems.
  • Broken elevators or stairs.
• Dangerous Products — If a faulty product causes injury, the injured person may be able to pursue a product liability claim against the manufacturer or seller.
• Intentional Harm — People can also file claims for injuries caused on purpose, such as:
  • Assault or battery.
  • Abuse or neglect, especially in nursing homes.
• Wrongful Death — If a person dies because of someone else’s carelessness or wrongdoing, their family can file a wrongful death claim. Immigration status does not affect the right to seek justice.

Regardless of immigration status, injured victims and surviving families may still have legal options to recover damages. California accident lawyers can explain how state laws protect the right to file claims, guide clients through the process, and help them understand what compensation may be available based on their situation.

Legal Protections For Immigrants Filing Personal Injury Claims

In California, the law protects people who are not U.S. citizens if they get hurt and need to sue for personal injuries. These laws ensure that everyone, regardless of immigration status, receives fair treatment in the legal system. If you’re thinking, “I need a personal injury lawyer,” it’s important to know that your rights remain protected no matter your background. Immigrants have the following legal protections:

• Immigration Status Exclusion — In court, immigration status is not allowed as evidence in most personal injury cases. The judge will not consider this information, and personal injury lawyers cannot bring it up. The case will only focus on how you got hurt and how the injury has affected your life, not on whether you are an immigrant.
• Attorney-Client Privilege — Your personal injury lawyer keeps your conversations confidential under the attorney-client privilege. Your lawyer cannot share your immigration status unless you give permission. You can speak openly without fear. Nothing you say will be:
  • Shared with the other side during the case.
  • Used as evidence in court.
  • Reported to immigration agencies like the U.S. Immigration and Customs Enforcement (ICE).
• Equal Compensation Rights — If you miss work because of your injury, the court will base your lost wages on what you could earn in the U.S., not your home country.

Also, defendants who try to raise the plaintiff’s immigration status to avoid paying damages may face court sanctions. Personal injury attorneys may help enforce injury claim privacy for immigrants.

FAQ: Injury Claims And Immigration Status

Personal injury lawyers understand that some people may worry about their immigration status and injury claims, especially if they weren’t at fault. Below are answers to common questions to help you understand your rights. For advice specific to your situation, contact our team directly.

Will Filing A Personal Injury Claim Affect My Immigration Status?

No, it will not. Your immigration status does not affect your right to file an injury claim. Civil courts do not share case information with immigration authorities, and your legal team must protect your privacy. In fact, California law makes it clear that undocumented immigrants can sue for personal injury the same way any other person can. Whether you’re undocumented, on a visa, or applying for citizenship, you have the right to pursue compensation after an injury in the United States.

If I Sue After A Car Crash, Will ICE Be Notified?

No, U.S. Immigration and Customs Enforcement (ICE) does not get automatically notified when someone files a lawsuit after a car accident. State courts handle civil lawsuits, including personal injury claims, which have no connection to federal immigration enforcement. ICE’s role is limited to immigration violations and certain criminal matters. Filing a personal injury lawsuit is a civil action, not a crime, and does not trigger immigration enforcement.

Laws also allow immigrants, documented or not, to pursue damages just like everyone else. Courts typically do not inquire about immigration status, especially if they are irrelevant to the case. It may be helpful to consult a personal injury lawyer if you have specific concerns.

Do I Need To Disclose My Immigration Status When Filing A Claim?

In most personal injury cases, you do not need to disclose your immigration status. The court focuses on your injury and who was responsible, not your legal status.

Your immigration status may only become relevant if you’re claiming lost future wages, and the other side argues that your ability to work in the U.S. affects the amount. In those rare cases, your personal injury attorney can ask the court to limit how they use the information or keep it private.

Having proof of income, like pay stubs, timecards, or employer records, can help support your claim without requiring you to reveal your immigration status. Even undocumented workers often have valid records showing what they earned.

Everything you share with your personal injury attorney is confidential. They cannot tell anyone about your immigration status without your permission. Additionally, they can clarify the rights of undocumented immigrants following an injury.

Will Filing A Personal Injury Claim Affect My Citizenship Application?

No. Filing a personal injury lawsuit does not affect your ability to apply for U.S. citizenship. When you complete Form N-400, the application for U.S. citizenship, you do not have to share information about:

• Civil lawsuits, such as personal injury or debt claims.
• Bankruptcy or foreclosure.
• Other kinds of civil disputes.

These issues do not impact your “good moral character” assessment. You also don’t need to explain financial hardship or job loss in your naturalization application.

However, you must disclose:

• Criminal charges or convictions.
• Unpaid federal, state, or local taxes.
• Missed child support payments.

No one, whether a lawyer, judge, or police officer, can legally use your immigration status against you in court. If you have concerns, your personal injury lawyer can explain these protections in more detail.

What Benefits Under Workers’ Compensation Are Not Available To Undocumented Workers?

Undocumented immigrants can receive workers’ compensation benefits if they suffer injuries on the job. However, some benefits, such as job retraining or vocational rehabilitation, may not be available without proof of legal work status.

These programs help injured workers return to work or train for a new job, but they often require documents showing permission to work in the U.S.

Even so, undocumented workers are still entitled to:

• Medical treatment for work injuries.
• Temporary or permanent disability benefits.
• Reimbursement for medical-related travel expenses.
• Other basic workers’ compensation protections.

For example, insurance companies might try to deny permanent disability benefits by claiming your immigration status, not your injury, is the reason you can’t work. A workplace injury lawyer can challenge this by presenting medical records and expert opinions to prove that the injury is what prevents you from working.

How Long Do I Have To File A Personal Injury Claim If I’m An Immigrant?

The time limit to file a personal injury claim depends on the laws in your state. In California, you generally have two years from the date of the injury to file a claim. This deadline applies to everyone, including immigrants, regardless of legal status.

This time limit is called the statute of limitations. It exists to make sure claims are filed while evidence is still available and reliable. If you miss the deadline, you may lose your right to seek compensation.

Some exceptions that can extend or shorten the timeline:

• Delayed Discovery of Injuries — If you didn’t know right away that you were injured, the time limit may begin when you discovered (or should have discovered) the injury.
• The Injured Is a Minor — If the injured person is a minor, the two-year filing window doesn’t begin until they turn 18. In the meantime, a parent or legal guardian can file a claim for them, which can help cover medical expenses and protect the child’s legal rights while the evidence is still fresh.
• Claims Against Government Agencies — If the claim is against a government entity, you must file a claim with the agency within six months. If they deny your claim, you have six more months to file a lawsuit.

If someone else’s negligence caused your injury, it’s important to act quickly. A personal injury attorney can explain how much time you have and whether any exceptions apply.

How Much Does It Cost To Hire A Personal Injury Attorney?

It usually costs nothing up front to hire a personal injury lawyer. Most of them handle these cases on a contingency fee basis, which means they only get paid if you receive compensation. If there’s no financial recovery, you typically don’t owe any attorney fees.

This setup gives injured individuals access to legal help without the stress of out-of-pocket costs. Your attorney will explain how their fee works and go over any potential case-related expenses during your free consultation.

Don’t Let Immigration Status Stop You From Seeking Help After An Injury

Understanding your legal rights after an injury is essential, no matter your immigration status. California law protects your ability to seek compensation and hold others accountable, regardless of your citizenship or residency.

If you suffer losses due to someone else’s negligence, you may be able to recover damages just like any other injured person. That includes compensation for medical bills, lost income, and pain and suffering.

Our personal injury lawyers at AK Law understand the unique concerns many immigrants face when deciding whether to file a claim. Our injury law firm offers multilingual legal services in Spanish, Farsi, Chinese, Korean, Filipino, Italian, Hebrew, and more.

During your free consultation, our lawyers for personal injury cases will explain your legal options and answer your questions confidentially and with no obligation on your part to hire us. Call us at (888) 488-1391 to schedule your case review with one of our attorneys.