Workers' Comp and Immigration Status: Your Rights in California

The Law Protects All Workers -- Period

Under California Labor Code Section 3351, an "employee" includes every person in the service of an employer, with no exception for immigration status. The California Supreme Court has repeatedly upheld this principle. If you work in California and get hurt on the job, you are covered by workers' compensation. Full stop.

This is not a legal gray area. It is settled law. The California Legislature has explicitly stated that all workers, regardless of legal status, are entitled to workers' compensation benefits. This includes:

• Undocumented workers
• Workers with expired visas
• DACA recipients
• Workers with pending asylum applications
• Workers using another person's documents
• Day laborers hired without formal paperwork

The rationale is both legal and practical: if employers could avoid workers' comp liability by hiring undocumented workers, it would create a perverse incentive to prefer undocumented labor because it would be cheaper. This would endanger all workers and undermine workplace safety for everyone.

What Benefits Are You Entitled To?

Undocumented workers receive the same benefits as any other injured worker under California law:

Medical Treatment

All reasonable and necessary medical care for your work injury under Labor Code §4600. This includes doctor visits, surgery, physical therapy, medication, diagnostic imaging, and medical equipment. There are no co-pays or deductibles.

Temporary Disability Benefits

If your injury prevents you from working, you receive temporary disability payments equal to two-thirds of your pre-injury wages under Labor Code §4650, subject to minimum and maximum rates. For 2026, the minimum is $265 per week and the maximum is $1,764 per week.

Permanent Disability Benefits

If you suffer lasting impairment from your injury, you receive permanent disability payments based on your rating under Labor Code §4658.

Supplemental Job Displacement Benefits

A $6,000 voucher for retraining or skill enhancement if your employer cannot offer you modified or alternative work.

Death Benefits

If a worker dies from a work injury, dependents (including those in other countries) may be entitled to death benefits regardless of the deceased worker's immigration status.

One Important Limitation: Vocational Rehabilitation

There is one area where immigration status may affect your claim. The Supplemental Job Displacement Benefit (SJDB) voucher provides funds for retraining and education. If you cannot legally work in the United States, the practical value of vocational retraining may be limited, and this could affect how a settlement is structured. However, you are still entitled to the voucher itself, and your disability benefits are not reduced.

Some courts have also addressed whether undocumented workers are eligible for temporary disability benefits if they could not legally be employed in the first place. California courts have consistently ruled in favor of the worker -- if you were actually working and earning wages, you are entitled to temporary disability when your injury prevents you from continuing that work.

Common Fears -- And Why They Are Unfounded

Fear is the primary reason undocumented workers do not file workers' compensation claims. Let me address the most common concerns directly:

"Will filing a claim get me deported?"

No. The Workers' Compensation Appeals Board (WCAB) does not communicate with Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), or any other immigration agency. There is no mechanism in the workers' comp system for reporting immigration status. Filing a claim does not appear in immigration databases and does not trigger any immigration enforcement action.

"Can my employer report me to immigration if I file?"

This is illegal. Under Labor Code §132a, it is a criminal offense for an employer to discriminate against or terminate an employee for filing a workers' compensation claim. California law goes further: employers who threaten to report an employee's immigration status in retaliation for filing a workers' comp claim face additional penalties, including criminal prosecution.

California Labor Code Section 1019 specifically prohibits employers from using immigration status as a tool of retaliation. An employer who threatens to call ICE because you filed a workers' comp claim is committing a crime.

"Will I need to provide my Social Security number?"

The workers' compensation claim form (DWC-1) asks for a Social Security number, but it is not required. You can leave it blank or write "none" without affecting your eligibility. Many undocumented workers have Individual Taxpayer Identification Numbers (ITINs) which can be used instead. If you have no identification numbers, that is also fine -- your claim will still be processed.

"Can the insurance company investigate my immigration status?"

Insurance companies cannot use discovery in workers' compensation proceedings to inquire about immigration status. California courts have consistently ruled that immigration status is irrelevant to workers' comp claims and that allowing such discovery would have a chilling effect on the rights of all workers.

In the landmark case Farmers Bros. Coffee v. WCAB (Salas), the California Court of Appeal held that an employer could not use a worker's immigration status to deny or reduce benefits.

"What if I was paid in cash and have no records?"

Many undocumented workers are paid in cash without formal records. This does not disqualify you from workers' comp. Your attorney can establish your employment and wages through:

• Bank deposit records
• Testimony from coworkers who witnessed your employment
• Text messages or phone records between you and your employer
• Photos of you at the worksite
• Records from the employer showing your schedule or assignments
• Any receipts, check stubs, or payment records you may have

Employer Obligations

California employers have specific legal obligations to all workers, regardless of immigration status:

Mandatory Workers' Comp Insurance

Every California employer with one or more employees must carry workers' compensation insurance under Labor Code §3600. This applies regardless of whether the employees are documented. Employers who fail to carry insurance face criminal penalties and are personally liable for all claim costs.

Provide DWC-1 Claim Forms

When an employer learns of a workplace injury, they must provide the employee with a DWC-1 claim form within one working day. This obligation exists regardless of the worker's immigration status.

No Retaliation

Employers cannot fire, demote, cut hours, reassign, or take any adverse action against an employee for filing a workers' comp claim. Under Labor Code §132a, retaliation is a misdemeanor and subjects the employer to additional civil penalties.

Workplace Safety

All workers are protected by Cal/OSHA safety regulations. Employers must provide safe working conditions, training, and equipment to every employee, regardless of status. Workers can report safety violations anonymously to Cal/OSHA Safety & Health without fear of immigration consequences.

What If Your Employer Has No Insurance?

Some employers who hire undocumented workers operate without workers' compensation insurance, either to save money or because they believe they can avoid liability. If your employer is uninsured, you are still protected.

California's Uninsured Employers Benefits Trust Fund (UEBTF) pays workers' comp benefits to employees whose employers illegally failed to carry insurance. The UEBTF then pursues the employer for reimbursement. Your immigration status does not affect your eligibility for UEBTF benefits.

Industries Where This Issue Is Most Common

While undocumented workers are employed across all sectors of California's economy, certain industries have particularly high concentrations of immigrant workers and corresponding workplace injury risks:

Construction

Falls from heights, heavy equipment injuries, and electrical accidents are common. Construction is one of the most dangerous industries, and immigrant workers often perform the most hazardous tasks. Many construction workers are paid in cash and work for subcontractors who may not carry insurance.

Agriculture

Heat illness, pesticide exposure, repetitive strain injuries, and equipment accidents affect agricultural workers disproportionately. California's farmworkers are overwhelmingly immigrant, and many fear filing claims despite being fully covered by workers' comp.

Restaurant and Food Service

Burns, slip-and-fall injuries, and repetitive strain from standing and lifting are common. Kitchen workers frequently endure injuries without reporting them out of fear of losing their jobs.

Warehousing and Logistics

Back injuries, forklift accidents, and repetitive strain from sorting and packing affect warehouse workers at high rates. The pressure to work fast in warehouse environments increases injury risk.

Domestic Work and Cleaning Services

Chemical exposure, falls, and repetitive strain affect housekeepers, janitors, and domestic workers. These workers are often isolated and may not know their rights.

How to File a Claim Safely

If you are an undocumented worker who has been injured on the job, here is how to protect yourself while filing a claim:

Step 1: Get Medical Treatment Immediately

Go to an emergency room or urgent care if needed. Emergency rooms cannot ask about immigration status and cannot refuse treatment. Tell the medical provider that your injury happened at work -- this starts the workers' comp process.

Step 2: Report the Injury to Your Employer

Report your injury within 30 days. Do this in writing if possible (text message or email creates a record). Your employer must provide a DWC-1 claim form.

Step 3: Hire a Workers' Compensation Attorney

This is the most important step. An attorney:

• Handles all communication with the insurance company so you do not have to
• Protects your identity and personal information
• Prevents the employer or insurer from asking about immigration status
• Maximizes your benefits
• Costs nothing upfront -- fees are only collected if you win

Step 4: Document Everything

Save all medical records, photographs of your injury, communication with your employer, and any evidence of your employment (pay stubs, text messages, photos at the worksite). The more documentation you have, the stronger your claim.

Step 5: Know Your Rights If Retaliation Occurs

If your employer fires you, threatens you, or takes any adverse action, document it and tell your attorney immediately. Retaliation strengthens your case and can result in additional compensation.

Confidentiality Protections

The California workers' compensation system has strong confidentiality protections:

• Medical records: Your medical information is protected by HIPAA and California medical privacy laws
• Court records: WCAB proceedings are not shared with immigration authorities
• Attorney-client privilege: Everything you tell your attorney is confidential
• Settlement agreements: Can include confidentiality provisions
• No immigration questions: The DWC-1 form does not require immigration status information

Language Access Rights

California's workers' compensation system provides language access protections to ensure non-English-speaking workers can participate fully in their claims:

• DWC-1 form: Available in English and Spanish from the employer
• WCAB hearings: The court provides certified interpreters at no cost to the worker in any language needed
• Medical appointments: The treating physician must provide interpreter services for workers' comp treatment
• Documents: Key notices and documents must be provided in a language the worker understands
• Attorney communications: Your attorney should be able to communicate with you in your preferred language, either directly or through an interpreter

If you are denied interpreter services at any point in the process, report this to your attorney. Failure to provide language access can be grounds for challenging adverse decisions.

Resources for Immigrant Workers

If you are an undocumented worker in California, these organizations can provide additional support:

• California Department of Industrial Relations: Provides information about workers' rights in multiple languages
• Legal Aid at Work: Free legal assistance for low-wage workers
• California Rural Legal Assistance: Legal help for agricultural workers
• National Employment Law Project: Advocacy and resources for immigrant workers
• Workers' Defense Project: Community-based support for construction workers

Many of these organizations offer services in Spanish, Chinese, Vietnamese, Korean, and other languages commonly spoken by California's immigrant workforce.

Frequently Asked Questions

Settlement Considerations for Undocumented Workers

When your case reaches the settlement stage, immigration status can affect the strategy -- though not your right to benefits:

• Lump sum vs. ongoing payments: Undocumented workers may prefer a Compromise & Release (lump sum) over Stipulations with ongoing medical, since maintaining a long-term relationship with the insurance company can feel risky. However, this decision should be made based on medical needs, not fear
• Vocational retraining: The SJDB voucher for retraining has limited practical value if you cannot legally work. Your attorney can factor this into settlement negotiations, potentially obtaining additional disability compensation in lieu of the voucher
• Future medical needs: If you plan to return to your home country, a C&R with a lump sum for future medical may make more sense since you would not be able to easily access California medical providers
• Tax implications: Workers' comp benefits are tax-free regardless of immigration status. You do not need a Social Security number to receive tax-free workers' comp payments

What Your Employer Does Not Want You to Know

Unscrupulous employers who hire undocumented workers count on fear to keep injured workers silent. Here is what they do not want you to know:

• They cannot use your status against you. Attempting to do so is a crime in California.
• They face penalties for retaliation. Threatening immigration enforcement is itself an illegal act that can result in criminal charges.
• They must carry insurance for all workers. If they hired you, they must insure you. If they did not, they face criminal penalties and personal liability.
• Your claim costs them the same. Workers' comp insurance premiums are based on payroll and claims history, not the immigration status of the claimant. Your claim is no different from any other worker's.
• Filing actually protects other workers. When injuries go unreported, unsafe conditions continue. Your claim can force the employer to fix hazards that endanger everyone.

The bottom line is this: your immigration status is irrelevant to your workers' compensation claim. The law is on your side. The only barrier is fear -- and that fear is exactly what bad employers count on to avoid accountability for unsafe workplaces.