Riverside Undocumented Workers' Comp Lawyer
Riverside Undocumented Workers' Comp Attorney
In the vibrant heart of Riverside, every individual who spends time working for an employer has a set of rights under the government. Despite what many may think, these rights still apply to those who might not be legal citizens of the United States. A Riverside undocumented workers’ comp lawyer can help advance a formal claim to ensure that their clients receive the money they are owed while they recover from their injuries.
Unfortunately, many undocumented immigrants in Riverside don’t say anything when their employment rights are being violated. Even in the most severe of circumstances, like a workplace injury, the fear of legal consequences keeps them from speaking out. A Riverside workers’ comp attorney can help defend their rights in these situations.
Common Workplace Injuries That Warrant Compensation Claims
Many work injuries are eligible for workers’ compensation, including:
- Slips, trips, and falls: When someone encounters a wet floor, uneven surface, or cluttered walkways, it could end up in a slip, trip, or fall injury. These types of injuries can range from a minor fracture to a major issue with the spine. Employers are required to post specific signage and keep up regular maintenance of their workspaces to prevent these instances from occurring.
- Strains and sprains: Lifting heavy objects can sometimes pose a risk of injury when an item is improperly moved. It can cause a lot of pain, reduce an individual’s mobility, and/or even lead to a chronic condition if someone is repeatedly doing the same harmful task for an extended period. If an employee was injured on the job, an employer will be even more liable if they did not train on proper lifting techniques or neglected to provide a more ergonomic working environment.
- Falling objects: Sometimes, items are stacked and stored in a high location. An item falling from this altitude could injure an unsuspecting employee. Whether they suffer from light bruises or severe head trauma, any scenario is open to advancing a claim through the workers’ compensation process.
- Machine entanglement: If someone is working on a factory line, there can be significant safety risks when working with industrial machinery. For example, a worker could have a piece of their clothing or limb get caught in a machine. Proper machine guards and safety training can help reduce the frequency of these instances, but an employer is still liable to provide compensation when this happens, despite every precaution implemented.
- Vehicle accidents: If you have to drive for work, like a forklift or truck, there is a risk of being in an accident, just as there is when driving in your personal life. While the chain of events that led to the accident will be investigated, you should connect with an employment law attorney to ensure that you collect all the workers’ compensation possible while recovering from the incident.
- Electrocutions: Sometimes, faulty wiring or working with malfunctioning equipment can lead to an electric shock. This can cause really serious internal injuries, and it could even be fatal in some cases. An employer is required to regularly conduct electrical inspections to minimize this from happening. Even if your employer has taken all precautionary measures to prevent electrocutions, though, it does not take away your right to seek compensation.
FAQs
Q: Can Undocumented Immigrants Get Workers’ Compensation in California?
A: Yes, undocumented immigrants are completely eligible to seek workers’ compensation benefits after experiencing an injury at work. The Golden State recognizes the importance of protecting its entire workforce, which keeps California running, without any different considerations toward an immigration status.
Employers are explicitly prohibited from using their knowledge of an employee’s status to retaliate against their workers’ compensation claim. This includes threatening to exploit their situation and not funding their recovery period.
Q: What Percentage Does a Workers’ Comp Attorney Get in California?
A: Most workers’ comp attorneys in California will charge based on a contingency fee structure. This is when an attorney agrees to receive a percentage of their client’s final award, rather than requiring them to pay upfront or during the claim’s proceedings. On average, an attorney will request 12% to 15% of the final award.
While it may seem counterintuitive to give away some of your much-needed money, an attorney can work to ensure that you receive every single dollar owed to you. Individuals who attempt to represent themselves risk receiving even less of a financial package than they would have if they paid for legal services.
Q: What Should an Undocumented Worker Do If Their Claim Is Denied?
A: When a claim is denied, an undocumented immigrant needs to connect with an experienced workers’ compensation lawyer immediately. Receiving a denial is not the end of your case. There are different avenues to appeal the decision. A more organized, evidence-based case could be made, and your new legal representation can work to help make it happen.
This is the most effective way to maximize your chances of winning the second time and ensure that your employer is not acting in bad faith. If there is evidence that the employer has attempted to retaliate against your claim during the first denial, your attorney can also help you pursue additional compensation to hold the employer accountable for their illegal behavior.
Q: Can Undocumented Immigrants Seek Compensation for Long-Term Effects or Permanent Disabilities From a Workplace Injury?
A: Yes, just like all other workers in California, undocumented immigrants are welcome to pursue disability claims if they are clearly suffering long-term effects from a workplace injury. There is no rule stating that they are only compensated for minor injuries or treatments that last a certain period. If the injury prevents them from returning to their original position, the employee has the right to be transferred to a different role. They may also qualify for vocational training to prepare them for another job with similar pay.
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 in Riverside, speak with an attorney at Diefer Law Group, P.C. We understand the unique labor challenges faced by the undocumented community. It’s why 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 and they are still recovering from injuries.
Contact us today and see why other undocumented immigrants have already trusted us to uphold their U.S. rights.
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