There are millions of undocumented workers in the United States. When an undocumented worker is hurt while on the job, he or she is โ in many states โ entitled to workers’ compensation benefits. This is true although the injured worker was not legally allowed to work in the United States in the first place. This is a difficult concept for many employees (and employers) to understand.
According to the Public Policy Institute of California (PPIC), almost one-quarter of the nationโs undocumented immigrants reside in the State of California. In fact, undocumented immigrants make up six percent of Californiaโs population.
Moreover, 1 out of every 10 workers in California is undocumented. A disproportionate number of these undocumented workers have positions in especially dangerous fields, including construction work and agricultural farm work. The hazardous nature of this kind of work coupled with often-inadequate safety enforcement can lead to severe accidents on the job.ย
When undocumented workers are injured, they often believe that โ because they are undocumented โ they donโt qualify for workersโ compensation or that filing for this financial help will get them deported. California, however, recognizes not only the reality of undocumented workers but also the important role that they play in the stateโs economy.
This is why the State of California has taken serious actions to help provide undocumented workers with legal protections in spite of the federal restrictions in place. If you are an undocumented worker, whoโs been hurt on the job, consult with an experienced California workersโ compensation attorney today.
Undocumented Workers: You Are Included in Californiaโs Workersโ Comp Statutes
When an employee is injured on the job, California assumes the responsibility of allowing the employee to recover on any damages he or she sustained. After all, that working person was helping to provide the rest of us with goods and services. Because the 10 percent of California workers who are undocumented are just as likely to get injured on the job as anyone else is, the California appeals court ruled that injured undocumented workers are just as entitled to workersโ compensation as other employees are. ย ย
Not every state is as enlightened as California, but many other states include some rights for undocumented workers in their workersโ compensation statutes. In California, regardless of whether you obtained your job through the proper legal channels, you are protected by workersโ compensation. The effect this policy has is that it not only encourages employers to follow the rules and hire employees who are legally employable but also โ and more importantly โ it discourages employers from taking advantage of undocumented workers. Without such laws, it is easier for employers to discriminate against, take advantage of, and /or abuse undocumented employees.
If you are an undocumented California worker who has been injured on the job, know your rights. You donโt have to hide in the shadows out of fear. Consult with a knowledgeable workersโ compensation lawyer about your best options.
Fear and Federal Law
The passage of the Immigration Reform and Control Act of 1986 (IRCA) is the culprit behind much of the fear and trepidation undocumented workers have regarding filing for workersโ compensation. This law was created for the stated purpose of preserving jobs for those โlegally entitled to them.โ With this law, it became illegal for employers to hire undocumented workers knowingly or to recruit workers who are known to be undocumented.
Those employers who are found to make hiring undocumented workers a practice or a pattern can be fined and hit with other legal sanctions. In other words, the federal government means business. The motivation behind IRCA is deterrence:
- When employers receive penalties for hiring undocumented workers, theyโre presumed to be less likely to continue hiring such workers.
- As fewer openings for undocumented workers become available, undocumented people will be less likely to immigrate to the U.S. in search of employment, to begin with.
In reality, however, the federal governmentโs plan has had little effect on the number of undocumented immigrants in the United States. Instead, the Fed’s attention on the matter has only made things harder for undocumented workers by highlighting the predicament and inadvertently encouraging employers to take further advantage of this already disadvantaged group. For instance, many employers ran with the chance to pay undocumented workers even less than they were already being paid โ due to these employeesโ exemption from minimum wage protections.
California Takes Workersโ Rights Seriously
The State of California understood only too well how the passage of IRCA would make it easier for unscrupulous employers to justify using discriminatory practices against undocumented workers.
As a result, the state has passed laws to protect undocumented workers from loopholes in federal law. California, in 2002, passed a law that mandates all the same employee protections be afforded every worker, including undocumented workers.ย
These protections guarantee wage minimums, overtime pay, anti-discrimination rights, disability payments, back wages, and workersโ compensation coverage.
California not only passed this 2002 law but also continues to consistently and liberally apply the law regarding undocumented employees.ย As long as the employer who employs you is not aware that you are undocumented, you are entitled to all of the protections that any other employee is entitled to.
If, on the other hand, your employer is aware of your legal status and hires you anyway, the employment relationship is considered illegal from the outset, and obtaining compensation is likely to be more complicated. Seek the experienced legal services of a dedicated workersโ compensation lawyer today. ย
Undocumented Workers Play an Important Role in Californiaโs Economy
As noted, undocumented workers play a critical role in Californiaโs bustling economy. These workers make up, according to the PPIC, 10 percent of the stateโs labor force. These workers are obviously crucial to Californiaโs thriving economy, and as such, the state affords them full rights under the law. ย ย ย
Every Worker Is Entitled to Protections
The California Department of Industrial Relations (DIR) guarantees all workers โ including those without documentation โ certain rights:
- Californiaโs state laws protect the wages and working conditions of documented and undocumented workers alike.
- Beginning January 1, 2016, undocumented workers should receive a minimum wage of $10.00 per hour.
- Just like every other worker, undocumented workers are entitled to overtime wages when they work more than 8 hours in a day and/or more than 40 hours in a week.
- Undocumented workers are entitled to file complaints regarding workplace safety and health standards with CAL/OSHA.
- When an undocumented worker has a state wage-violation claim, the worker is entitled to file the claim against his or her employer with the state labor commissioner.
All told, if you are an undocumented worker in the State of California, your employer owes you a safe environment to work in โ without any retaliation on his or her part regarding your legal status. If youโre undocumented, and your employer fails to provide you with the basic rights outlined by DIR, you need the professional legal counsel of a skilled California workersโ comp attorney.
Benefit Claims and the Fear of Deportation
Even undocumented workers with strong workersโ compensation claims fear that moving forward with a claim will mark them as undocumented โ and that theyโll be at a much greater risk of being deported. To provide undocumented farm workers who are injured on the job some protection (limited though it is) from the risk of deportation, the California Division of Labor Standards Enforcement has an across the board policy never to question the immigration status of applicants for workersโ compensation.
While recent immigration developments have increased the scrutiny that undocumented workersโ face, the State of California has doubled down on protecting all employeesโ workersโ compensation applications:
- Official policy is that no oneโs immigration status is ever questioned.
- In 2017, California took a stance against ICE agents entering an investigation without a warrant and requested that ICE agents step down when it comes to making arrests around California courthouses.
- California legislators have introduced a bill that would prohibit ICE agents from entering state-owned, leased, or occupied building or public school to conduct surveillance, make arrests, or question people without the necessary warrants.
The State of California does what it can to protect all of its employees. If you are an undocumented worker with a workersโ compensation claim, work closely with an experienced California workersโ compensation lawyer to help protect your rights as an employee and to help ensure that your claim doesnโt bring undue attention to your legal status.
If Youโre Undocumented and Have Been Injured on the Job, Consult with a knowledgeable California Workersโ Comp Attorney Today
If youโre an undocumented worker who has been injured at work, you have plenty of reasons to be leery of moving forward with a workersโ compensation claim, but working closely with an experienced workersโ compensation lawyer will help ensure that your claim does not cause you to be retaliated against. The dedicated workersโ comp attorneys at Arash Law in California have the experience, skill, and compassion to help you. Weโre available 24/7, so please donโt hesitate to call our office at (888) 488-1391 today. ย
