San Diego Undocumented Workers' Comp Lawyer
San Diego Undocumented Workers' Comp Attorney
Throughout San Diego, thousands of people go to work every day to make a living and provide for themselves and their families. Working is a staple of the American experience for those who are healthy and able to work, even for the undocumented immigrant community. If this has happened to you, it may be time to connect with a San Diego undocumented workers’ comp lawyer to ensure that no one takes advantage of your right to seek financial relief.
What Does Workers' Compensation Cover for Injured Undocumented Employees?
The workers’ compensation process was designed to provide financial relief for anyone who has become injured or ill, through no fault of their own, while working. Because this tragedy can strike even the most cautious employee, the government requires employers to have workers’ compensation insurance so that their employees will be taken care of.
Undocumented immigrants are as equally prone to experiencing workplace injuries as the rest of San Diego. However, this segment of the population is sometimes shy to raise their voice and try to seek this compensation, as they fear the risk of deportation. Working with an attorney can minimize this risk and secure compensation that is rightfully owed to you.
- Medical expenses: Any medical treatment that is required for recovery and related to the injury or illness experienced at work qualifies for compensation. This includes any visits to the doctor, prescribed medication, physical therapy, or any special surgeries that might be required to restore the individual back to normal. Keeping a documented history of all these medical treatments can help an attorney be sure that they do not miss any reimbursable medical expenses.
- Temporary and permanent disability benefits: If the injured worker is unable to return to work, either in the short or long term, an attorney can help them seek either temporary or permanent disability benefits. This extra compensation can provide even more relief after a tragic work event. The specific amount of the benefits awarded will depend on the severity of the disability and how much it has impacted the individual’s ability to work and earn an income in the future. An attorney can help construct a compelling case to ensure that every possible dollar is collected to support their client.
- Rehabilitation and retraining: Sometimes, an injury is so bad that it prevents the worker from returning to their original position. This, however, does not mean that the individual is incapable of holding some other type of job. This is where an undocumented worker may qualify for vocational rehabilitation. In this arrangement, the individual will receive various training, coaching, and job placement assistance to help them re-enter the workforce under their new constraints.
- Death benefits: In the devastating event that someone has passed away from their work injuries, the worker’s dependents may be entitled to receive death benefits. This would typically be a spouse or child of the deceased worker. This could provide relief to the grieving family, such as covering funeral expenses or basic necessities while the family decides how they will financially support themselves moving forward.
Especially in wrongful death cases, connecting with an employment law attorney who works with undocumented immigrants is especially important. They can ensure that no one takes advantage of the family’s immigration status by denying funds that are rightfully theirs.
FAQs
Q: What If My Employer Does Not Have Workers’ Compensation Insurance in California?
A: California employers are required by law to carry workers’ compensation insurance. If an investigation into an undocumented immigrant workplace injury reveals that their employer does not carry this insurance, they are subject to a considerable amount of fines and penalties.
While the employer is being held accountable, the injured employee is still able to seek compensation through the Uninsured Employers Benefits Trust Fund. This organization solely exists to ensure that injured employees who were working for an uninsured employer are still able to seek financial relief while they recover.
Q: Can an Undocumented Immigrant Sue an Employer?
A: Yes, an undocumented immigrant is able to sue their employer in the United States, including for personal injury at work. The U.S. Constitution provides these rights, stating that all persons are subject to these protections. This includes suing for:
- Unpaid wages
- Proven workplace violations
- Discrimination
- Retaliation
- Any illegal activity that may have occurred at work
Because there are special sensitivities for undocumented immigrants when navigating the U.S. legal system, it is always advised they work with an attorney who markets their services to support this community. That way, they can avoid any risks to their residency in the U.S. or pathway to citizenship.
Q: Can an Undocumented Immigrant Work Legally in the U.S.?
A: In general, an immigrant needs to have proper authorization to work in the U.S., which is often a work permit or visa. However, not every undocumented immigrant working has officially obtained these legal documents.
While it is always recommended to work with an attorney as an undocumented immigrant, it is even more of a priority to hire one if you did not previously obtain formal permission to work. These are other legal avenues that an attorney can explore to ensure that any perpetrators are held accountable for their unjust actions.
Q: How Much Money Is a Workers’ Comp Attorney?
A: While there is no exact universal price that one can expect to pay, there are some generalities to help get a sense of what the overall cost could be. If you do not have the funds set aside to hire an attorney who charges hourly for their services, look for an attorney who works on a contingency fee basis.
This arrangement awards an attorney anywhere from 12% to 15% of the final compensation award as payment for their services. This is a great motivator for an attorney to seek as much compensation as possible, and it also reduces any immediate financial strain as a legal claim is being pursued.
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 San Diego, contact us today at Diefer Law Group, P.C. See why other undocumented immigrants have already trusted us to secure their workers’ compensation.
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