Getting Terminated for Filing a Workers Comp Case if I Do Not have Papers

There are many different types of incidents that can occur in the workplace. Some examples of these incidents could include the following:

• Slip and falls
• Trip and falls
• Falling object incidents
• Car accidents
• Parking lot accidents
• Pedestrian accidents
• Machinery accidents
• Pallet jack incidents
• Forklift incidents
• And more

These incidents could lead to a number of injuries. Some of these injuries may include head injuries (like concussions or traumatic brain injuries), neck injuries, back injuries, spinal cord injuries, dislocations, fractures, sprains/strains, lacerations, scrapes, and bruises, for example. In addition to physical injuries, these incidents could also result in psychological harm, like post-traumatic stress, depression, panic, anxiety, and more. As a result of these injuries, injured workers could be unable to work short-term or permanently.

Yes, undocumented workers have the right to file workers compensation claims in the case of injury. Under California law, all injured workers are protected – no matter their immigration status. Under state law, undocumented workers have the right to get coverage for medical treatments after a job-related injury/illness, disability benefits in the case of an injury that prevents the employee from working either temporarily or permanently.

Are undocumented workers eligible for vocational retraining benefits as part of workers comp claims? This is a very important question. Ultimately, based on federal immigration laws, undocumented workers are not eligible to receive vocational retraining benefits even though they can file workers comp claims. Vocational retraining benefits are designed to provide training to injured workers who will not be able to continue to perform the same job after their accident.

Do I need to have a social security number to file for workers compensation? No, you do not need to have a social security number to file a workers compensation claim after a work accident. You can file the claim using your Taxpayer Identification Number (ITIN) or another type of identification.

Many undocumented workers will not file workers compensation claims due to fear of facing retaliation. They may be afraid of being reported to immigration agencies, being fired, being deported, etc.

Unfortunately, even undocumented workers who exercise their right and file workers compensation claims may face repercussions and be fired by their employers. Under California law, however, firing an employee for filing a workers’ comp claim is illegal, regardless of the employee’s immigration status. If your employer fires you or retaliates against you in any way because you filed a workers comp claim, you could have grounds to take action against your employer.

Many undocumented workers are frozen in fear after being wrongfully fired after filing or trying to file a workers comp claim. However, as a California employee, you have rights regardless of your immigration status.

Some of the options available to you include the following:

• Filing a retaliation claim under California Labor Code 132a
• Filing a wrongful termination claim
• Filing a discrimination claim based on FEHA

If you are unsure of what you should do next, please do not hesitate to reach out to our legal team as soon as possible. Our experts are ready to fight for your right to file a claim for the unlawful termination after filing a work-comp injury claim. Contact us today to learn more about the legal options available to you!

Were you fired after you filed for workers compensation benefits after an accident? If you are an undocumented worker, the fear of retaliation can be ever-present. It is important that you are aware of your rights, however. As a California employee, you are protected – you have the right to file a workers’ comp claim and you cannot be retaliated against in the form of termination. If you are an undocumented worker that were fired for filing a workers compensation claim, please do not hesitate to reach out to our employment attorneys here at the Downtown L.A. Law Group. Our team has decades of experience and is ready to provide you with the guidance that you need to fight for your rights as an employee and get justice.

We offer Free Case Evaluations which include free consultations and free second opinions. During these free legal services, our expert retaliation lawyers are more than ready to answer all your questions, address all your concerns, and provide you with all the information that you need to either begin or continue your retaliation lawsuit against your employer. To schedule your free case review, contact us today!

Zero-Fee Guarantee: you will not have to worry about paying upfront legal costs for any of our legal services. Our firm also works on a strict contingency structure, meaning that our clients will not be responsible for paying anything if their claims are not successful; if you do not win, you will not have to worry about paying anything.

Contact our experts today to learn more about your rights and how we can help you.

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