Orange County Undocumented Workers’ Comp Lawyer
Orange County Undocumented Workers’ Comp for Illegal Immigrants Work Injury Attorney
Every worker in California is granted specific rights when working for an employer, regardless of their immigration status. These rights are designed to ensure that anyone who faces a work-related injury is able to receive workers’ compensation while they recover. Unfortunately, many undocumented immigrants are unaware of these protections. Working with an experienced Orange County undocumented workers’ comp lawyer can help them protect their rights.
The Right to Compensation
Work injuries in Orange County, CA are often unexpected and leave an individual facing implications far beyond the immediate moment. Even minor injuries must be immediately addressed by a healthcare provider to maximize the chance of a full recovery. Regardless of how significant the injury may be, any financial burdens could turn a bad situation into an even more dire one.
This is especially true for the undocumented immigrant population, who may not understand what rights they have, even without legal citizenship. They fear retaliation and, as a result, miss out on essential funds to help keep bills paid while being treated for injuries.
The two most common ways that compensation for undocumented workers can ease the financial strain include:
- Medical treatment: Medical bills can add up quickly, especially if a patient needs any type of specialized intervention for more serious injuries. If the incident is proven to have occurred at work, compensation ensures that the employee is not burdened with the bill. Rather, the employer or insurance company will bear this responsibility.
- Wage replacement: Most people need at least a few days off to recover from a workplace injury. Others need several months. Taking this time off would traditionally mean that the employee is missing out on the income they depend on for their livelihood. This is why workers’ compensation can also be viewed as wage replacement, ensuring that no extra stress is added to an already difficult situation.
Why Should Undocumented Immigrants Work With a Workers’ Comp Lawyer?
Undocumented immigrants are sometimes unsure about what rights they have, leading them to be apprehensive about pursuing compensation without documentation of their citizenship. Finding a workers’ comp attorney who focuses on cases involving undocumented immigrants can remove this fear.
Some huge areas where these attorneys can add value include:
- Knowledge of specific rights: Undocumented immigrant workers’ comp lawyers are not only well-versed in California law, but they also know how to navigate its intricacies to protect what rights their clients have. In some cases, they can even assist in gaining a work permit or legal status as a parallel objective of the workplace injury case.
- Confidentiality: The fear of deportation is enough to keep an undocumented immigrant from trying to advance a workers’ compensation case within the U.S. legal system. Fortunately, attorneys who market themselves as immigrant attorneys prioritize client confidentiality, and they can work hard to ensure that the citizen’s rights are recognized, not jeopardized.
- Protection against retaliation: Some bad-faith employers may try to exploit one of their undocumented employees’ status to avoid having to pay workers’ compensation. Having a skilled attorney on your side can combat these attempts with protective measures that will not only hold the employer accountable to pay for the injuries but also for their unjust attempt at retaliation.
FAQs
Q: How Much Can a Workers’ Comp Attorney Charge in California?
A: While you may encounter some attorneys who charge a traditional hourly fee, you will find others who are contingency-based. This means that they agree to take on the case with the understanding that they will collect a specific percentage of the benefits awarded. 12% to 15% is a rough estimate of where the percentage may fall for your case.
If the case is more complex, such as one where permanent disability may need to be sorted out, the final cost will likely be higher. This is why it’s important to discuss payment structures upfront with an attorney you are interested in working with to avoid any surprise fees.
Q: What Is Not Covered Under California Workers’ Compensation Law?
A: While California’s compensation law is fairly comprehensive, there are some exceptions to be aware of. Independent contractors, volunteers, and some agricultural employees may have their own unique situations to explore with their attorneys to see what grounds they have to pursue compensation. Who the employer is can also impact the ability to receive compensation, depending on their size and revenue.
Even if you are confident that you won’t qualify, it is still advised to speak with an attorney. They can help you look for other avenues that might provide the financial relief you need to recover from your injuries.
Q: Who Has the Burden of Proof for Workers’ Comp in California?
A: The burden of proof mostly lies on the California worker to showcase how the injury or illness was related to their actions at work. Providing evidence, such as medical reports, eyewitness testimonies, and surveillance footage, can help support their compensation claim. This evidence makes it more difficult for any employers who may want to act in bad faith and try to claim that the personal injury did not happen when working for them.
This is why having an experienced attorney on your team, who has already collected similar evidence for many previous clients in a similar situation, is key to proving that your injury is valid for workers’ compensation.
Q: Can I Use My Own Insurance Instead of Workers’ Comp in California?
A: If you have your own personal health insurance, you are allowed to use it. However, this might not always be the most beneficial option to maximize the type of coverage you can receive. Workers’ compensation provides more specific benefits for workplace injuries, such as covering lost wages. There is also the risk that your private insurance could deny the claim.
If you are split between using your own personal insurance or leveraging California’s compensation system, connect with an attorney who can review both options and lay out the advantages and disadvantages.
Contact Diefer Law Group, P.C., for a Consultation Today
If you are an undocumented immigrant and have concerns about advancing a workers’ comp claim, get in touch with us today at Diefer Law Group, P.C. We understand the unique challenges faced by this community. Our firm has dedicated a large portion of our services to make sure that no one feels pressured to work under unfair conditions due to their immigration status.
Orange County Practice Areas
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