Irvine Undocumented Workers’ Comp Lawyer
Irvine Undocumented Workers’ Comp Attorney
Throughout Irvine and the state of California, every employee has certain rights associated with their work. Immigration status has no bearing on these rights. Unfortunately, some employers try to take advantage of undocumented immigrants by exposing their lack of citizenship to get out of paying compensation. This is one of many compelling reasons to hire an Irvine undocumented workers’ comp lawyer in these situations.
Often, an immigrant might be fearful to raise their voice when their rights are being violated out of fear of retaliation. Other times, they may simply not understand the full extent of their rights. An Irvine workers’ compensation attorney can help them secure their rights and seek the compensation that they need to recover from a workplace injury.
The Right to Compensation in Irvine for Undocumented Immigrants
Just because someone isn’t a citizen of the country doesn’t take away the fact that they were genuinely performing work and then experienced an unexpected workplace injury. This still puts the individual under financial stress and in need of support so they don’t fall behind on bills during the recovery period.
Two of the most prominent areas where compensation supports employees are:
- Medical treatment: Any form of medical treatment needed to recover from workplace injuries can be covered under workers’ compensation. This can include doctor visits, hospital stays, medications, surgeries, and any other service from a hospital or clinic. This is intentionally designed for injured or sick employees so they don’t have to worry about any unexpected medical bills.
- Wage replacement: While some injuries may take an employee away from their job for months, even missing one day could disrupt an individual’s financial health. Regardless of how much time an individual needs to recover, the workers’ compensation system can ensure that no one has to take a hit to their paycheck to focus on recovering.
Why Would an Undocumented Immigrant Work With Workers’ Compensation Lawyers?
For some undocumented immigrants, the idea of connecting with an attorney seems taboo. The fear of exposing their undocumented status keeps some from advancing any legal claims when their rights have been violated. This is unfortunate, as an attorney can bring a ton of value to immigrants. This includes:
- A comprehensive understanding of their rights: Because the average California resident is not formally trained in understanding the nuances of employment law, they need to hire an attorney to fill in this knowledge gap. It’s a reassurance that, no matter what problems occur in the process, you have a knowledgeable professional on your side who can push back to ensure that every possible dollar is acquired.
- Confidentiality: The looming fear of deportation can prevent an undocumented immigrant from seeking justice. It’s an unfortunate cycle that some take advantage of for their own financial gain. However, attorneys who have experience dealing with immigrants can ensure confidentiality and strive to uphold, not risk, their client’s rights.
- Protection from illegal retaliation: Sometimes, an employer threatens an employee with unfair treatment if they try to collect workers’ compensation. They could threaten to demote their role, hurt their reputation across the country, or even report their immigration status. Having a competent attorney on your team can help stop these attempts and hold the employer accountable for the attempted retribution while recovering the compensation owed to the employee.
FAQs
Q: How Much Can a Workers’ Comp Attorney Charge in California?
A: A workers’ comp attorney in California will typically charge on a contingency basis, meaning that they will take on average 12% to 15% of the final award. Part of this calculation will be to ensure that you are awarded enough money to still take care of all your needs during recovery, while also funding your legal team.
If you have a specific price or payment structure in mind that is ideal for your situation, be sure to bring that up during your initial consultation. You want to make sure that the legal service is both of good quality and something you can afford.
Q: Can I Refuse Workers’ Comp in California?
A: Yes, no one is forced to accept any money from the workers’ compensation system in California. However, it is rare that someone would make this decision. It is not a loan, but rather money that is paid out in these types of situations. Choosing to not accept this compensation that is rightfully yours could make it more difficult to pay your medical and home bills.
While you might have another form of insurance that you are interested in using, it is always recommended to speak with an attorney who can review all your options and give you their professional opinion.
Q: Do Undocumented Workers Risk Deportation by Filing for Workers’ Comp?
A: The California workers’ compensation laws are designed to protect everyone, regardless of immigration status. While the act of filing for workers’ comp as an undocumented citizen does not automatically trigger a deportation, there is always a risk when revealing one’s undocumented status to authorities.
However, it is illegal for an employer to report workers to any immigration authorities in retaliation for filing this claim. To minimize these risks as much as possible, undocumented workers who have been injured on the job should consult with an attorney who has experience handling these cases.
Q: Does OSHA Protect Undocumented Workers?
A: Yes, the Occupational Safety and Health Administration (OSHA) offers protections that apply to all workers in the United States. This includes undocumented workers. This agency’s mandate is to ensure safe working conditions, and its mission does not change for any specific group of people.
All undocumented workers have the right to report any unsafe working conditions that they observe, and they can seek protection under OSHA without fearing deportation. While OSHA is firm in its support of undocumented immigrants, it is still a good idea to connect with an employment law attorney who has represented immigrants in the past.
Contact Diefer Law Group, P.C., for a Consultation Today
If you are an undocumented immigrant and have concerns about advancing a workers’ compensation claim, contact us today at Diefer Law Group, P.C. We understand the unique labor challenges faced by the undocumented community. We have dedicated a large portion of our services to make sure that no one feels pressured to continue working while their rights have been violated.
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