Can I Pursue a Workers Comp Case if I Do Not have Papers?
Can I file a workers compensation claim if I am undocumented? Can I file a workers comp claim if I don’t have any papers? Any worker, including undocumented workers, could sustain injuries on the job and be concerned about whether or not they could pursue a workers compensation claim. After all, workers compensation benefits are supposed to support injured workers during times in which they are unable to work to earn income due to an injury.
Without a doubt, a significant number of workers in California – especially in areas like Los Angeles County – are undocumented. However, no matter a worker’s immigration status, workers have rights under California law.
For more information about the legal options available to you after a workplace accident, contact us today. Our experts here at the Downtown L.A. Law Group have decades of experience and are more than ready to provide you with the guidance that you need to begin or continue your workers comp claim after a work injury. For more information about your right to file a claim, contact us today.
$2.2 Million
$2,287,495
$54 Million
$22 Million
$2.5 Million
$2,100,000
$1,900,000
$1,275,000
- Slip and fall accidents
- Trip and fall accidents
- Machinery accidents
- Falling shelving units
- Pallet jack incidents
- Car accidents
- Parking lot accidents
- And more
These workplace incidents can lead to a number of injuries, which can include head injuries, traumatic brain injuries, concussions, neck injuries, back injuries, spinal cord injuries, fractures, dislocations, lacerations, and more.
Can Undocumented Workers File Workers Compensation Claims?Yes, in California, you could have the right to file a workers’ compensation claim even if you are undocumented. California law protects absolutely all injured workers, regardless of immigration status. To summarize, under state law, you the right to the following:
- Medical treatments and other benefits after a job-related injury or illness
- Disability benefits, either temporary or permanent, if your injury prevents you from working
Will I be Eligible for Vocational Retraining Benefits?
In general, injured workers who will be unable to continue to perform their jobs after a workplace accident can be eligible for vocational retraining benefits, in which they are essentially trained to perform a different type of job. Based on federal immigration laws, undocumented workers are generally not eligible to receive these benefits as part of their workers compensation claim.
Do I Need to have an SSN to File for Workers Compensation?
No, you do not need a social security number or SSN to file for benefits after an accident. You can file a claim using an Individual Taxpayer Identification Number (ITIN) or another form of identification.
Workers Silenced Due to Fear of Retaliation – Can My Boss Fire Me if I am Undocumented and File a Workers Comp Claim?This is a very common question. Ultimately, far too many undocumented employees do not take any action towards exercising their right to workers compensation benefits because they are unaware of their rights. They do not know that they can file workers compensation claims, and those that are aware that they have the right to file a claim may actually choose not to file because they fear retaliation.
How could an employer retaliate against undocumented employees who file workers comp claims? Employers may threaten the employee with the following:
- Termination
- Demotion
- Reporting to immigration
- Reporting to the police
- Withholding payment
- And more
It is important to note that under state law, your employer cannot retaliate against you for filing a workers compensation claim or even inquiring about filing a workers comp claim. If your employer fires you or threatens to fire you, you could have grounds to pursue a claim based on wrongful termination.
All claims are subject to a statute of limitations – or a deadline to sue. If claims are not filed on time, claimants could lose their right to sue entirely. If you are filing a workers compensation claim, you will need to file your claim within just one year. If your employer retaliated against you, you may have longer to sue; for example, wrongful termination claims must be filed within two years. To ensure that you have a thorough understanding of the total length of time that you have to file your claim, contact us today. Our lawyers will ensure that you file your claim on time.
Contact the Downtown L.A. Law Group TodayIf you are an undocumented worker that sustained injuries on the job, it is important that you understand that you could have the right to file a workers compensation claim. You can file a workers compensation claim even if you do not have papers. Whether you are looking into filing a workers comp claim or are looking to file an employment claim for retaliation after filing for workers comp, our team can help you. We offer free case reviews, which include free consultations and free second opinions. During these free legal services, our team will be available to answer your questions, address your concerns, and provide you with all the information that you need to either begin or continue your claim. To schedule a free case review, contact us today.
Zero-Fee Guarantee – you will never be required to pay absolutely any upfront legal fees for any of our legal services. In addition, our firm works on a contingency basis, meaning that you will not be responsible for paying anything at all if your lawsuit is not successful. If you do not win, you simply will not pay any legal costs.
Contact us today to learn more about how we can help you!
Other Pages on Our Website Related to This Topic
Grain Bin Workers Comp Lawyer
Party Injury Attorney
What Is The Average Walmart Worker’s Compensation Settlement?
Over $1 BILLION Recovered
for Our Clients
YOU Deserve the Best
Free Case Review 24/7
You Don’t Pay unless we win
Call (855) 339-8879
"*" indicates required fields
