Straight Talk About Workers Comp Cases & Undocumented Workers

The California Labor Code states that, as a matter of public policy, the legal status of an injured worker does not stop that worker from making a claim for work-related injuries and disability.

Section 3351 of the California Labor Code states:

” ‘Employee’ means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes:

(a) Aliens and minors…”

There is very real fear that someone will report injured undocumented workers, raising the risk of deportation, if the workers pursue a claim. As well-versed as I am in this segment of the law, I do not know of this happening to an injured worker who did so.

I do know, however, that persons who are undocumented continue to run the risk of deportation, irrespective of whether they make a WC claim or not. This may also be true of those who have had DACA protections. Either way, I do read case decisions showing that if the injured worker has been deported AFTER making his or her claim, after being released by the doctors, and subsequently is deported for some other reason, their case is NOT ended simply because they no longer reside in California. In fact, a recent case dealt with this by having the injured worker testify via Skype from his residence in Central America.

The Bottom Line:

If you or a loved-one have serious work-related injuries and likely significant future disability, assess your priorities. Your health and well-being are certainly as important as your residency. There is little empirical evidence to show that making a Workers Compensation claim itself results in deportation. Contact us for a free case evaluation (se habla español).

NOTICE: Making a false or fraudulent Workers Compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

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DISCLAIMER: The information that appears on this website is provided for informational purposes only and does not constitute advice or legal opinion. The transmission or reception of any information through this website will not create or establish an attorney-client relationship, and will not act or depend on any information that appears on this website without seeking the specific and competent legal advice of a lawyer. The laws change constantly, and the information that appears on this website may be outdated and inapplicable to your circumstances and is not guaranteed. DO NOT SEND CONFIDENTIAL INFORMATION THROUGH THIS WEB SITE since an attorney-client relationship will only be established through a written contract from Maurice L. Abarr, Lawyer, Inc., and in no other way. Each case is unique, therefore, the testimonies and endorsements do not constitute a guarantee, guarantee or prediction regarding the outcome of your possible case. Required notice: "Making a false or fraudulent worker's compensation claim is a felony subject to up to 5 years in prison or a fine of up to $ 50,000 or twice the value of the fraud, whichever is greater, or both in prison and in fine. "

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