Lawyer for Undocumented – Illegal Immigrant Injured at Work

We understand why people are confused on this issue, since the Immigration Reform and Control Act of 1986 makes it illegal to “hire or recruit or refer for a fee” a foreign-born individual that is not a U.S. citizen or permanent resident. Essentially, these workers have no papers, i.e., documentation to prove that they are legally allowed to reside and work in the United States.

In spite of the IRCA, many businesses in California are dependent on migrant and illegal immigrant workers. These include employers in a variety of industries, including agriculture, food service, construction, janitorial services, and warehousing. Undocumented workers are appealing to these employers, as they will work for the lowest wages under the most grueling conditions.

Regardless of your immigration status, California law prohibits unlawful work practices by employers. According to the labor board, anyone who provides goods and services in the state of California has the right to recover their monetary losses when they are afflicted with a workplace injury. That means you are entitled to compensation for a workplace injury, the same as a U.S. citizen or those with authorization to work in the United States. The specific benefits you are eligible to receive depend on your own circumstances, which you can discuss with a Spanish-speaking lawyer at our office.

Workers without papers have numerous protections against workplace violations, according to the rules set forth by the California Department of Industrial Relations. These include:

• The right to be paid at least $10.00 per hour as of January 1, 2016.
• The right to earn OT (overtime pay) for work hours beyond 8 hours / day or 40 hours / week.
• The right to file a complaint with the state labor board if their employer commits a labor law violation.
• The right to file a workplace health and safety complaint with the California Division of Occupational Safety and Health (Cal/OSHA).
• The right to file a discrimination and retaliation complaint for sexual harassment, wrongful termination, and other acts of unlawful treatment in the workplace.

Many undocumented workers are understandably scared about their job prospects when they try to assert their rights under the state’s employment laws. Primarily, they are afraid of being fired from their job or facing other acts of retaliation if they ask to be covered for a work-related injury.

We want to assure you that you the California Department of Industrial Relations must abide by the following rules:

• The DIR must investigate all retaliation complaints, including those involving wrongful termination due to the filing of a workers’ compensation claim.
• The department will also investigate any claims for unpaid wages and/or benefits that the employee is entitled to by law. They will also conduct workers’ comp hearings and appeals, regardless of a worker’s immigrant status.
• If necessary, the state labor board will file court actions against the employer to recover any lost wages and benefits owed to the employee due to an illegal firing.

Illegal immigration is a hot button issue, no matter where your political affiliations lie. But we are attorneys, not politicians, and there’s one thing we believe in above all else. As someone that is working for an employer in the state of California, you are entitled to compensation if you are injured on the job.

Obtaining compensation as an undocumented worker can be challenging for a number of reasons, especially if English is not your first language. If you are one of these workers, it’s best to seek help from a Spanish-speaking workers’ compensation lawyer. Our law firm has been fighting for the rights of illegal and migrant workers that have been injured during work for many years. We are ready to fight for you and the benefits you are entitled to, in the language that you are most familiar with.

As a contingency-fee law firm, we never charge clients for the cost of legal fees. This is paid to us by your employer as a part of your settlement award, so the only way we get paid is if you get paid. On top of that, the Zero Fee Guarantee is our promise to you that you won’t receive any bills from us if we don’t win your case.

Don’t hesitate to contact us if you’ve been recently injured from a workplace accident. You can also meet with us for a free second opinion if you would like to speak to another attorney about an active workers’ comp claim. We look forward to assisting you on your journey to recovery, so please give us a call at your earliest convenience.

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