Getting hurt at work can be devastating to you, your family and your financial security.
In California, every employer must have workers’ compensation insurance. This covers workers who get injured on the job. The purpose of workers’ compensation is to protect workers and make workplaces safer. However, if you are not a U.S. citizen, you might wonder whether these protections apply to you.
Do I have to be a U.S. citizen to get workers’ compensation benefits?
You do not need to be a citizen of the United States to be eligible for most workers’ compensation benefits. Noncitizens, including undocumented workers, can still apply for and receive workers’ compensation.
However, there are some restrictions. For example, undocumented workers might not be able to receive temporary disability benefits if the employer can offer modified work to accommodate the injury. You also face the risk of losing your job if your employer discovers that you are not legally eligible to work in the U.S.
What if I lied on my job application?
It is against federal law for an employer to hire someone who can not legally work in the United States. However, federal immigration law does not address workers’ compensation. California law regards workers’ compensation as a separate matter from immigration law.
The California Department of Industrial Relations defines an employee as “a person whose work activities are under the control of an individual or entity,” including undocumented workers. Submitting false employment documents is illegal, but California law does not regard it as fraud for workers’ compensation purposes. If you work for someone, you are still an employee, and you can still claim workers’ compensation.
A workplace injury can leave you feeling scared and vulnerable. It is important to understand your rights, especially as a noncitizen.
