The Trump administration’s illegal deportation actions have caused undocumented workers to worry about their rights when they get injured on the job. But nothing that Trump has threatened to do to undocumented workers has affected their valuable right to workers’ compensation benefits.
California law protects the rights of all workers to receive workers’ comp medical care, temporary disability payments, and permanent disability payments, regardless of immigration status. Moreover, it is illegal for any employer or any government official to retaliate against any worker for receiving workers’ comp benefits when they suffer an on-the-job injury.
All California workers have the same rights to workers’ comp benefits under the California Labor Code. Undocumented workers in California, can also apply for State Disability and Family Leave benefits, even if they do not have a Social Security number. And applying and receiving benefits will not affect the injured worker’s path to citizenship.
Even if the employee has lied about their immigration status, they may legally receive workers’ comp benefits. The only relevant factors are that the injured worker was an employee, and that he/she was injured on the job.
Undocumented workers should not fear that filing for workers’ comp benefits will draw the attention of ICE or immigration officers. California workers’ comp judges and court employees never question the legal status of injured applicants.
In the face of the federal government’s illegal deportation activities under Trump, our law firm continues to staunchly protect the rights of all of our clients including those who are undocumented workers. Your workers’ compensation attorney will always keep your information and immigration status strictly confidential. Additionally, the injured worker’s personal information is covered by the attorney-client privilege and cannot be accessed by either state or federal government ICE officials.