WORKERS’ COMPENSATION

La Quinta 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.

La Quinta Undocumented Worker Injury Lawyer

Undocumented workers are important contributors to California’s economy, supporting industries such as farming, food services, and construction. Unfortunately, it is not uncommon for them to be subject to harsh labor and working conditions. If you are an undocumented worker in California who has been injured while working on the job, then a La Quinta undocumented worker injury attorney from English Lloyd & Armenta can help protect your rights and get the compensation that you are entitled to.

English Lloyd & Armenta: Your La Quinta Undocumented Worker Injury Attorneys

The legal team from English Lloyd & Armenta has been helping undocumented workers in La Quinta understand and fight for their workplace rights and benefits.

A workplace accident lawyer from our firm can help you work through the workers’ compensation claims process. We can also help you pursue other avenues to get the post-accident disability benefits that you need to continue to support yourself and your family.

What Rights Do Undocumented Workers in La Quinta, California, Have?

Many employers have historically exploited undocumented workers in La Quinta, California. For example, they may have paid them less than they were promised or subjected them to strenuous work activity without adequate breaks. To combat this, the California state government has intervened by passing laws that establish the rights of undocumented workers.

A specific department was thus empowered by the California government to manage these affairs. The California Department of Industrial Relations is charged with protecting the rights of all workers, despite their immigration status. It receives complaints and carries out investigations to help enforce labor laws in the state. By law, if a person files a labor complaint with the department, it is not allowed to inquire about their immigration status. Undocumented workers have the rights to:

Earn the local or state minimum wage, depending on whichever is higher.
File a wage claim if they are not paid the amount that they are entitled to.
Get overtime payments if they work more than 8 hours daily or 40 hours weekly.
File a complaint about workplace safety conditions with the California Division of Occupational Safety and Health.
Avoid retaliation, such as being fired or receiving immigration threats.
Receive workers’ compensation benefits if they are injured on the job.

Employers who retaliate against employees based on their citizenship or immigration status can have their business license revoked or suspended, and they can face a fine of up to $10,000 for each violation. For example, such laws apply to undocumented workers with workplace injuries who are trying to file a workers’ compensation claim but are barred from doing so by their employer based on their immigration status.

If your right to file for workers’ compensation benefits in La Quinta is being restricted, then a dedicated undocumented workers’ compensation attorney from English Lloyd & Armenta can help you. We can fight to get you the benefits you need during this difficult time and hold your employer accountable for their actions.

How Can I File a Workers’ Compensation Claim in La Quinta, California?

All workers in California, including documented and undocumented workers, have certain rights and benefits. One of those protected benefits is the right to workers’ compensation in case they are injured on the job. Workers’ comp can cover the medical expenses and other relevant costs that are associated with the injury. While each workers’ compensation case is unique, filing a workers’ compensation claim generally involves the following steps:

Facing an Injury at Work: After you experience an accident at work, it’s critical to make sure that no one involved is in immediate danger and that there are no life-threatening injuries.
Notify Your Employer and Adequate Authorities: Depending on the kind of accident that occurred, you will need to notify the right authorities, which could either be your employer or certain managers. Unless the situation is life-threatening, it is less common for undocumented workers to call law enforcement to report the accident, as this could have unforeseen negative consequences.
Gather Adequate Evidence: Take photos and videos of the scene of the accident, focusing on all the subsequent damages. If necessary, keep physical evidence, and get a copy of the accident report generated by your company.

Seek Medical Attention: You will want to see a doctor to both receive a diagnosis and start getting treatment. This can also serve to document your accident-related injuries. Keep a copy of all medical records and associated expenses.
Get a Workers’ Comp Claim Form: After reporting the workplace accident to your employer, they should give you a workers’ compensation form. On it, you should fill out all the details of the accident and attach supporting evidence.
File the Claim: After filling out the form, hand it back to your employer, and they will sign it and submit it for you. If your employer does not comply with giving you the form or submitting your claim, then you can get in touch with the Workers’ Compensation Appeals Board.

After a claim is submitted, your employer’s workers’ compensation insurance company has a limited period of time to respond with an answer and a settlement offer. During this investigation process, their agents may request additional information or supporting evidence. A workers’ compensation lawyer can ensure that the insurance company does not ask you any questions or for information that could be infringing upon your rights as an undocumented worker.

An experienced workers’ compensation lawyer can evaluate the worth of your damages, providing a clear idea of the settlement amount that you are entitled to. They can negotiate with the insurance company on your behalf to help you get an optimal amount. In cases where a fair settlement cannot be reached, they can help you file a claim and represent you in court.

What Does Workers’ Compensation Cover for Undocumented Workers in La Quinta, CA?

While it is true that undocumented workers in California are entitled to workers’ compensation, just as documented workers are if they are injured on the job, they may face restrictions in terms of what these benefits can cover. However, as a general rule, workers’ compensation payments should cover all medical expenses tied to a work-related injury, including:

Hospital Stays: Workers’ compensation can cover all hospital bills and the associated procedures and medicines issued during the stay.
Diagnostics: Scans, such as MRI and CT scans, can be extremely expensive, but they are often needed to diagnose certain conditions.
Surgeries: If you have a serious workplace injury, then your condition might require one or more surgeries, which can have large associated costs.
Medication and Devices: As part of your treatment, you may be required to take prescription or over-the-counter medications, which can add up in cost. Furthermore, assistive devices, such as prosthetics, crutches, and wheelchairs, are also covered.

Physical Rehabilitation: You may require physical therapy to adequately use your extremities again, depending on the kind and severity of the injuries that you sustained.
Psychological Support: In cases where the workplace incident caused a certain mental condition due to the trauma of the event, a counselor or therapist may be covered.
Regular Checkups: If you are required to attend regular checkups to make sure that your wound or condition is healing, and that you do not have any underlying work-related conditions developing, then this can potentially be paid for.

While medical expenses are often covered in workers’ compensation cases for undocumented workers, it can be more difficult to recover lost wages if you have been fired due to retaliation after submitting your claim. Also, it can be difficult for undocumented workers in California to get vocational retraining paid for by workers’ compensation.

An undocumented worker injury lawyer from English Lloyd & Armenta can help you understand all the details associated with your case, giving you a clear idea of the compensation that you are entitled to under the law. They can pursue action through the various legal and bureaucratic processes to get you the compensation that you need to heal and move on from your work injury.

Can Undocumented Workers Collect California State Disability Insurance?

Yes, undocumented workers have a right to collect state disability if they have a condition that keeps them from working. They are required to have medical documentation of their condition, and they must have been making payments to the California State Disability Insurance (SDI).

They are entitled to get back at least the amount that they put in. If you are out of work due to a workplace injury and are undocumented in CA, then a knowledgeable legal representative from English Lloyd & Armenta can assist you.

Schedule an Appointment With a La Quinta Undocumented Worker Injury Attorney Today

Having a workplace accident can be stressful, as it can be financially, emotionally, and physically damaging. If you cannot work temporarily or permanently in La Quinta due to your workplace injury, then you are likely feeling anxiety about how you will continue to make an income.