It is common for personal injury victims who do not have a clear immigration status to refuse to file a claim because they are undocumented.
Many of them fear retaliation from their bosses, fear discrimination and reduced work hours due to injury claims, fear that seeking compensation will expose them to deportation and persecution, or simply don’t believe they have these rights in the United States. but undocumented workers in California enjoy the same disability, back pay, and other benefits as regular employees.
In workers’ compensation cases, the legal term negligence is used to determine fault, and you have the right to file a formal complaint if someone else’s carelessness has caused you harm, even if your immigration status is unclear.
Neither you nor your attorney are required to disclose your immigration status in a California personal injury case as this is not relevant when determining liability in these types of cases.
Federal immigration law does not supersede the California Labor Code, which is broad in its protections and guarantees that, regardless of citizenship or immigration status, a person can receive fair compensation if he or she has been injured on the job. this includes the cases of people affected by the Covid-19 pandemic
Don’t let fear stop you from pursuing the job benefits that are rightfully yours.