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.
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.
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.
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.
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.
Stalled Serious
Injury Cases
We specialize in reviving and closing stalled workers’ comp cases on your behalf.
Workers’
Compensation
We work hard to get you the proper medical care and full benefits you deserve.
