Thousand Palms Undocumented Worker Injury Lawyer
California has one of the highest rates of workplace injuries in the United States. Undocumented workers often handle difficult jobs like construction and agriculture, which can lead to serious workplace injuries. While these workers may be hesitant to file for workers’ compensation or to seek legal action due to their immigration status, all workers in the state who have been hurt on the job have the right to compensation. Your Thousand Palms undocumented worker injury attorney can help you explore your options so you can focus on recovering.
Workers’ Comp Basics
Before workers’ compensation plans became standard throughout the United States, workers who were injured on the job had little recourse to resolve financial problems while they recovered.
In Thousand Palms, California, if you are injured while working, you can file a workers’ compensation claim form. This starts the process. Businesses that have a certain number of employees are required by state law to carry workers’ compensation insurance, and the statewide plan is funded by employers.
There are strict time limits for when you have to file your claim, so check with an experienced workers’ compensation lawyer to make sure that you do not miss out on these important benefits. Employers are required to provide the compensation forms. If they do not, you can take legal action against the employer.
After you fill out the form, your employer will add any additional information that is needed. Your employer will then submit the application to the insurance company for processing. Your employer should also give you a copy of the form. Once received, the insurance company typically responds within 14 days with details on the status of your claim.
Your employer is required by law to authorize medical treatments within one day of your claim filing. There is a limit to what is covered while the request is being considered. If your claim is approved, you will have access to medical care under the policy.
If the claim is rejected, you can appeal the decision. The Workers’ Compensation Appeals Board will review the determination. If you take this step, it is advisable to work with an experienced lawyer who can argue your case before the board.
What Workers’ Comp Benefits Can I Receive?
Workers’ compensation programs provide a wide range of benefits that can go beyond your initial medical care. After your employer pays for your initial healthcare treatments and doctor visits, you may be entitled to further benefits.
Physical therapy and other forms of treatment may be required to help you fully recover from your workplace injury. Your workers’ compensation insurance should have provisions that cover these expenses. Transportation expenses are usually included in these reimbursements.
Can Undocumented Immigrants Get Workers’ Compensation in CA?
Undocumented immigrants can get workers’ compensation in CA. This critical form of workplace insurance covers undocumented workers in California. However, there are stipulations that apply to all workers. For example, undocumented workers cannot claim disability if they are still able to perform light work.
Your employer must make reasonable accommodations that account for your injuries. Undocumented workers cannot take what is known as a job displacement voucher if a permanent job is still available.
If the employer cannot provide light duty or alternative job options, they must pay benefits to the worker through workers’ compensation benefits.
Although it is not legal for undocumented workers to falsify employee agreements, this doesn’t apply to workers’ compensation plans. You will still be able to seek medical benefits and disability benefits if you qualify.
When Should I Hire an Attorney?
Filing a workers’ compensation claim can be complicated, and workers may face resistance from their employer, the insurance company, or both. If you are an undocumented worker, you may face additional barriers, like the threat of intimidation or the possibility of losing your job.
Can Undocumented Immigrants Sue for Personal Injury in CA?
The no-fault workers’ compensation makes suing employers impossible in most cases unless they exhibited willful intent in causing your injuries. However, in some cases, you may be able to file a personal injury claim against a third party who caused your accident in place of workers’ compensation. If you live in California and are an undocumented worker, you have the right to sue someone with the help of a personal injury lawyer.
Your immigration status will not be a factor as far as the courts are concerned. If you are an undocumented California resident and next of kin for someone who was killed in an accident, you also have the right to sue the at-fault party through a wrongful death claim.
Since 2016, when AB 2159 was signed into law, workers of any immigration status are protected if they choose to sue for work-related injuries. Opposing counsel cannot bring up your immigration status during your personal injury case, and no one tied to the claim can investigate your legal status. When estimating a settlement offer or jury award, those calculations are based on what you earned in the United States and not your country of origin.
Importantly, you cannot be detained or deported simply because you file a wrongful death claim or personal injury claim. Anyone who tries to tell you otherwise could be found guilty of attempting to intimidate you.
Undocumented workers may opt to file a claim with the aid of a personal injury lawyer when the misconduct or negligence of a co-worker or manager is so egregious that high compensatory damages are called for. Workers’ compensation, for example, does not consider punitive damages, but a personal injury claim will.
Why File a Personal Injury Claim?
The potential benefits of a successful personal injury claim could include:
- Complete reimbursement of medical expenses and compensation for future therapy sessions and treatments
- Damages for pain and suffering related to your workplace injury that falls under non-economic damages.
What Types of Injuries Can Lead to a Workers’ Compensation Claim?
California’s workers’ compensation plans do not specifically describe eligible injuries that can lead to a workers’ compensation filing, but some types of injuries are more common than others. Here are some examples of the types of injuries our law firm frequently helps clients file claims over.
Physical Injuries
Physical injuries are some of the most common types of injuries that lead our clients to seek workers’ compensation. Undocumented workers are statistically more likely to work in fields like agriculture and construction that involve dangerous tasks. Equipment malfunctions, vehicle accidents, and falls can lead to broken bones, burns, and other serious physical injuries that can cause a worker to have to miss work.
Serious injuries can require immediate medical treatment. Fortunately, most physical injuries are covered by workers’ compensation policies. If your employer or policyholder tries to fight your legitimate claim, you can take legal action with the help of one of our attorneys.
Occupational Illness
Certain working environments can expose workers to harmful materials and chemicals. Over time, these occupational hazards can cause serious health problems. Exposure to asbestos is one example, but there are many chemicals that are known to cause illness and disease with repeated exposure. Excessive noise can cause damage to your hearing, which may require treatment. Common symptoms of occupational illness include respiratory problems, hearing loss, stomach pain, and migraines, among others.
Mental Health
Physical-mental injuries occur when a physical injury at work leads to long-term negative mental health harm. There are cases where a physical injury is not covered, but the resulting mental health harm can be covered under an employer’s workers’ compensation plan. Common mental health problems can include depression, anxiety, and post-traumatic stress disorder, among others.
Your workers’ compensation lawyer may work with a mental health professional to diagnose your condition as part of your claim, which could cover health treatments and time missed at work.
The injuries could also work in reverse. For example, your stress or anxiety caused by work conditions can lead to physical symptoms like high blood pressure, heart attacks, and other cardiovascular health problems.
Mental Injuries
There does not need to be a physical cause of your injury. If you were exposed to violence, stress, verbal degradation, and other causes of trauma in your workplace, you could qualify for workers’ compensation due to the ongoing negative mental health problems that resulted from those situations.
For example, your workplace may have led you to be exposed to a robbery or violent crime, which can lead to serious levels of stress that make working difficult, if not impossible. You will need to prove that the stress and trauma was caused by your line of work.
Repetitive Stress Injuries
These types of injuries are common and result from repetitive motions or actions. There is no one incident that causes the injury. Rather, the injury is the culmination of months or years of repetitive motions like typing, lifting, or having to be in unnatural and uncomfortable positions.
The symptoms may arise slowly until the pain becomes unbearable for the worker, who may experience mental anguish in addition to physical pain. Conditions like carpal tunnel and tendonitis are two common examples of this type of injury. While some may see these injuries as “part of the job,” no line of work should lead to painful or debilitating conditions.
Preexisting Injuries
If you made your employer aware that you have a preexisting condition, but the employer did not take steps to accommodate your condition, you could have grounds for filing a workers’ compensation claim.
Even if the injury occurred before your current line of work or outside your place of work, an aggravating injury that caused a more serious injury to flare up can lead to lost mobility or an inability to continue working as you normally had. In those cases, you should contact a workers’ compensation lawyer to see what steps can be taken.
Not all injuries are covered. With the help of your workers’ compensation lawyer, you can gather evidence that the mental or physical injury is linked to your workplace. Once you have done so, you have a better chance of claiming benefits from your employers’ workers’ compensation program.
Injured Undocumented Immigrant FAQs
Q: Can I Be Offered a Lump Sum Offer From My Workers’ Comp Program?
A: You can be offered a lump sum payment offer from your workers’ comp program. For some injured workers, this can be beneficial. The alternative is payments at a regular interval, usually per week. Whichever way you choose, be sure to first seek advice from legal counsel to make sure that your choice is aligned with your goals and financial needs.
Q: What Types of Illnesses and Injuries May Not Be Covered By My Workers’ Comp Plan?
A: Your workers’ compensation plan does not cover illnesses and injuries that occur outside the workplace. These can include infectious diseases like the flu or colds. Proving that a viral or bacterial infection occurred at work is difficult, and common illnesses like respiratory infections are considered an ordinary occurrence by many policies.
A preexisting condition is also not grounds for filing a workers’ compensation claim unless you can prove that condition was exacerbated by your work environment after you brought up your concerns to your employer.
Q: Can I Receive Compensation Even If I Was Hired Fraudulently?
A: Yes, you can receive benefits like workers’ compensation, even if you were hired fraudulently. Some insurance companies may try to argue that certain claims should be rejected if the employer used fraudulent documents to hire workers. Any attempt by an employer or insurance provider to assert that a worker lied about their immigration status will not be heard in cases involving workers’ compensation. This does not mean workers can fraudulently file false claims.
Q: What Can I Do If My Employer Threatens Me With Deportation?
A: If your employer threatens you with deportation, you should hire an attorney to defend your rights. California law protects all workers (including undocumented workers) from harassment and threats in the workplace. No matter your nationality or immigration status, you have the same rights as any other worker in this state. Sometimes, protecting those rights requires taking swift legal action.
Schedule Your Undocumented Employee Workers’ Compensation Consultation Today
The state of California protects the rights of all its workers to seek compensation following a workplace injury. This is usually done by filing a workers’ compensation claim. With the help of your undocumented employee workers’ compensation lawyer, you can begin the process of filing for medical expenses and other benefits.
Depending on the circumstances surrounding your case, you may have grounds for filing a personal injury claim for monetary compensation in rare cases. Whatever your needs may be, English Lloyd & Armenta are here to help. Contact our office today to schedule your consultation.
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