Los Angeles Undocumented Workers' Comp Lawyer
Los Angeles Undocumented Workers' Comp Attorney
The city of Los Angeles is a vibrant city that prides itself on employing a diverse workforce. This includes undocumented immigrants. Unfortunately, accidents and workplace mishaps do occur. When this happens, the workers’ compensation system steps in to provide economic relief while any employee spends time recovering from injuries related to their labor. An experienced Los Angeles undocumented workers’ comp lawyer can help navigate you through the compensation process to get the financial help you need.
A common myth among the undocumented immigrant community is that they would not be eligible to receive these types of benefits due to their immigration status. However, that is not true, and a good attorney can earn you the same benefits that your peers are also entitled to.
What Expenses Does Workers' Compensation Cover for Undocumented Immigrants?
Immigrants worry that their undocumented status prevents them from recovering financial relief. However, the following benefits are areas that they have every right to pursue compensation for when injured at work:
- Medical expenses: This is typically the most-leveraged portion of a workers’ compensation claim due to the nature of the program. When injured, workers will likely require a combination of hospital visits, medication, and surgeries to help restore their health. Because these expenses are generated from an injury that happened during work-related activities, an employer’s workers’ compensation insurance will cover the bill.
- Wage replacement: Traditionally, missing work means missing out on the pay that you would have received if you worked that day. The workers’ compensation system is designed to make sure you will not completely destroy your financial health due to an incident that happened when you were trying to make a living. How much it will cover depends on how long you are out from work receiving treatment.
- Temporary or permanent disability benefits: Depending on how long the worker is out of commission, they may also qualify for temporary or permanent disability benefits. These can be awarded if there is clear evidence the individual cannot perform certain tasks or even work at all. The severity of their workplace injuries and length of recovery time will dictate how much disability money can be offered.
- Rehabilitation and retraining: Unfortunately, not everyone is able to recover in a way that allows them to return to the same position. They may have orders from a doctor to use one hand sparingly or not lift anything over a certain weight. In these instances, a part of a workers’ compensation award can support various rehabilitation efforts or retraining for a new role that the individual can perform under their new limitations. This helps get the employee back to work at a similar salary, but they will do so in a new position that they otherwise would not have been qualified for.
- Death benefits: In the tragic event that someone has passed away while working, the workers’ compensation system can fund traditional expenses for the individual’s family, including the cost of funeral arrangements. There will have to be some evidence that the individuals who receive this money are dependents. Working with an attorney can help them validate that relationship so they can obtain that money.
FAQs
Q: Do Undocumented Workers Have Social Security Benefits in California?
A: Undocumented immigrants are entitled to workers’ compensation benefits. However, they do not have access to anything under Social Security during work that was completed while they were not official citizens.
There is a potential pathway for new citizens to be paid back for the work they did before becoming documented, but it is complex and will require a close relationship with an attorney who works in this space. If you are in need of money now to support an injury at work, the same attorney can detail what rights you have to avoid falling into an unnecessary financial burden.
Q: Does Covered California Include Undocumented Immigrants?
A: Covered California is the Golden State’s health insurance marketplace. This is where individuals are able to purchase health insurance plans. At this time, the program does not include undocumented individuals. However, this community is able to apply on behalf of a family member who is documented.
Other programs, like Medi-Cal, may be another route for undocumented immigrant healthcare if the individual is younger than 26 or older than 50. There are also possibilities if they are a DACA recipient or currently pregnant. Be sure to connect with experienced comp lawyers to ensure that every possible avenue of support is explored to meet your immediate and long-term needs.
Q: What Is the Penalty for Not Having Workers’ Comp Insurance in California?
A: California employers are mandated to have workers’ compensation insurance for their employees. If a scenario where an injured employee reveals that the company does not have it, there are a number of penalties the business may face.
Hefty fines, criminal charges, and even the potential to halt the operation of the business are all possibilities. The company may also be forced to pay for the injured employee’s medical expenses and other fees, which would typically be covered under this insurance, out of their own profits.
Q: Do Undocumented Parents Affect Children’s Rights?
A: Undocumented parents do not have any direct effect on the rights of their children. This is especially true if the child was born in the United States, therefore granting that child full citizenship under the 14th Amendment of the U.S. Constitution.
However, there can be some underlying connections between the experience of a child in the U.S. and their undocumented parents. For example, a parent’s fear of being exposed as an undocumented immigrant could prevent them from seeking formal support for their children, such as healthcare or food assistance. Undocumented immigrants also often work for jobs that offer lower wages, which can lead to financial instability that trickles throughout the entire family unit.
Contact Diefer Law Group, P.C., for a Consultation Today With Los Angeles Workers’ Comp Attorneys
If you are an undocumented immigrant and have concerns about advancing an injured workers’ compensation claim in Los Angeles or any other needs you may have pertaining to your status, contact us today at Diefer Law Group, P.C. We have proudly supported other undocumented immigrants in similar cases, and our firm would be honored to help you achieve the same success.
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