This is one of the questions we get the most, and we get why: a lot of people are scared that if they file, the boss will call immigration or fire them. Here's what the law says.
What California law says
California law says labor rights apply to all workers regardless of immigration status. That includes workers' compensation. If you got hurt doing your job, you have the right to:
- Medical care paid for by your employer's insurance.
- Temporary disability payments if the doctor says you can't work while you heal.
- Permanent disability payments if you're left with an injury that doesn't go away.
Can they ask about my papers?
In a workers' comp case, your immigration status generally has nothing to do with whether you qualify. And in California it's illegal for your employer to threaten you with immigration for claiming your rights. If that happens, tell us right away.
What if they fire me for filing?
Your employer can't punish you, cut your hours or fire you for reporting an injury or filing a claim. If they do, that may be a separate claim on its own.
What to do right now
- Tell your boss you got hurt, in writing if you can. You have 30 days.
- Ask for the DWC-1 form to open your claim. Your employer has to give it to you.
- See a doctor and say it happened at work.
- Call us. The consultation is free and confidential.
What you tell us stays between us. We do not share your information with immigration.
This guide is general information and is not legal advice. Every case is different. To find out what applies to you, call us for a free consultation.