Indio Undocumented Worker Injury Attorney

With more than 30 years of experience, our accomplished attorneys are here to guide you through these difficult times and get the compensation you deserve.

Indio City Undocumented Worker Injury Lawyer

Undocumented migrants in Indio, California, are critical to the state’s economy. They also contribute to the rich and vibrant culture that makes up the city. Sometimes, it can be unclear for workers what their rights are if they are undocumented and have had an accident at work. They may fear retaliation or deportation if they act. If you are facing such a situation, an Indio undocumented worker injury attorney at English Lloyd & Armenta can help you get the support and compensation that you are entitled to under the law.

Indio has both a strong agricultural and construction sector, which typically encompasses jobs that have a higher risk of injury, such as fractures, sprains, brain injury, paralysis, or death. If such a workplace injury occurs, it’s important for undocumented workers to exercise their rights and attempt to get compensation.

At our personal injury firm, our legal team is dedicated to taking a client-centered approach, in which we listen to deeply understand your worries, concerns, questions, and case details. That way, we can lay out a legal strategy that both protects and optimally benefits your interests.

Understanding the Rights of Undocumented Workers in Indio, California

In the city of Indio and the state of California, undocumented workers enjoy very similar rights and benefits to those of workers who are documented.

These are afforded both under state and federal law. There are, however, a few exceptions, which apply to unemployment insurance and collecting money for lost wages. If you have been injured on the job and are unsure about your rights related to labor and workers’ compensation benefits, then an undocumented worker legal representative from English Lloyd & Armenta can assist you.

Wage and Hour Rights and Benefits for Indio Undocumented Workers

In Indio, CA, workers who are undocumented have the same wage and hour rights as their documented counterparts. This means that wage and hour laws in California and the United States that are applicable to those who are formally authorized to work are also viable for workers who do not have a legal immigration status.

California and federal wage and hour laws address rights regarding overtime, tips, breaks, minimum wage payments, and additional types of wages. All these apply to undocumented migrants as well. Therefore, under the law, an employer of an undocumented worker is required to pay the minimum wage despite their legal status. If your employer has denied you your wages, you can file a wage claim with the California Division of Labor Standards Enforcement or sue your employer in court.

Unemployment Insurance Eligibility for CA Undocumented Workers

If you are working in California but are not legally authorized to do so, then you are not eligible to collect unemployment insurance.

The agency that is in charge of distributing the funds for unemployment insurance is the California Employment Development Department, or EDD. The EDD has stated that since undocumented workers do not fulfill one of the key requirements for receiving unemployment insurance, they cannot qualify to receive it.

California Paid Family Leave Eligibility for Undocumented Workers

Undocumented workers can be eligible to get California Paid Family Leave, which is around 60 to 70 percent of their normal wages for a period of six weeks.

Reasons for taking this paid leave include caring for an ill family member or making connections with a child who was newly introduced into the family. If you are unsure about your rights regarding California Paid Family Leave, workers’ compensation, or similar workers’ benefits, then an accident lawyer from English Lloyd & Armenta can work with you on your case.

Can My Employer Discriminate Against Me for Being Undocumented?

Undocumented workers are protected from discrimination under both California and federal law. This means that an employer of an undocumented worker cannot harass, refuse to hire, fire, or retaliate against you due to certain characteristics that make up your identity, such as country of origin, sexual orientation, or legal status.

If you were fired based on your legal status, it may be difficult to recover lost wages due to the need to show eligible pay slips, such as W2s. However, an immigration attorney can help you work out an optimal plan that can entail getting your job back.

Can Undocumented Workers Get California Workers’ Compensation?

In California, undocumented workers are legally entitled to receive workers’ compensation if they have been involved in an accident that resulted in an injury on the job. These compensation benefits can cover medical expenses related to the injury, such as hospital bills, clinic visits, diagnostics, rehabilitation, medications, and medical devices. While it is possible, it may be difficult to recover lost wages.

It’s important to note that there are certain job retraining benefits that undocumented workers may not be eligible for. Furthermore, if you have been fired as a result of retaliation for filing a workers’ compensation claim, then it can be unclear whether you can get back the lost wages from the time when you were out of work.

How to File a Workers’ Compensation Claim in California

To get access to your workers’ compensation benefits, it’s important to file a claim as quickly as possible. You can do this by requesting a workers’ compensation claim form from your employer. If your employer is making it unnecessarily difficult for you to acquire and fill out this form, you can get in contact with the Workers’ Compensation Appeals Board, or WCAB.

The workers’ compensation claims process can be stressful and uncertain, especially if you are a worker without legal authorization to work. It’s important to be informed of your rights regarding workers’ comp. That way, you can pursue the benefits that you are entitled to under the law. A knowledgeable workers’ compensation attorney from English Lloyd & Armenta can help you work through the claims process.

Are There Risks to Filing a Claim Against My Employer If I Am Undocumented?

Filing a claim in California against your employer is likely to be more stressful and risky if you are undocumented. Many undocumented workers are hesitant to do so, as they are fearful that their employer will report them to Immigration and Customs Enforcement (ICE) or an official in the Department of Homeland Security. However, this kind of action is known as retaliation, and it is illegal under California and United States law.

For example, if you file a complaint against your employer for having dangerous working conditions or mistreating you in a way that leads to a workplace injury, and they retaliate against you as a result, then they have violated the law twice. In this case, the mistreatment or poor working conditions would be breaking the law in addition to their retaliation.

An undocumented worker lawyer can help you determine whether filing a retaliation claim would be more suitable through a federal or California agency, as this will depend on the details of your case.

As an Undocumented Immigrant, Can I Sue for a Workplace Injury?

Under the law, you are entitled to sue your employer for particularly egregious working conditions that may have led to a workplace injury. However, you must show that your employer was particularly neglectful or malicious. In a court of law, those who will decide the outcome of your case, such as the jury and judge, are not allowed to take your legal status into account as part of the process.

When suing for workplace injury compensation, you can get certain benefits, such as those that cover medical expenses associated with your injury or injuries. These can include:

  • Rehabilitation
  • Mental or physical therapy
  • Medications
  • Medical devices
  • Surgery
  • Outpatient procedures
  • Clinic visits and checkups
  • Prostheses
  • Wheelchairs
  • Hospital bills

If your workplace accident resulted in injury to any of your own property, such as your vehicle or personal belongings, then personal injury compensation can cover the costs associated with these damages. Furthermore, if you have experienced pain and suffering as a result of your accident, then it’s important to note that you can receive compensation for this. An experienced personal injury lawyer can help quantify your pain and suffering to translate it into fair financial compensation.

Compensation for lost wages can be difficult to procure if there are no official receipts of payment, such as a W2 form. However, an experienced Indio undocumented worker injury attorney can analyze all the documents and evidence associated with your case. Then, they can help you work toward obtaining optimal compensation, such as payments for future lost wages.

Work With an Indio Undocumented Worker Injury Attorney Today

Being injured on the job is not only painful, but it can also be scary, as it can threaten your ability to work and earn a living, both in the long and short term. No worker, despite their legal status, should have to suffer physically, mentally, or financially for loyally doing their job.

At English Lloyd & Armenta, we fight for undocumented workers like you who have been injured on the job, helping protect your rights and secure the compensation that you are entitled to. Reach out to one of our passionate lawyers today to get started on your case.

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