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Can Undocumented Workers Get Workers' Compensation After a Work-Related Accident?


California currently has the largest number of undocumented immigrants of any state in the nation, approximately 2.67 million. It is estimated that about 11 million undocumented immigrants currently live in our country.

According to the Public Policy Institute of California, undocumented immigrants in the state make up about 6% of the total state population and 10% of the labor force. These workers play a significant role in the state workforce and economy.

But what happens if an undocumented worker suffers an injury on the job? Are they entitled to workers’ compensation benefits like lawful employees?

The answer is “Yes.” In California, undocumented immigrants are expressly included in the workers’ compensation statutes. Due to a large number of undocumented immigrants in the state workforce, the California State appeals court ruled that undocumented works are fully entitled to workers’ compensation.

Additionally, many other states have made undocumented employees eligible for workers’ compensation. The only state that excludes undocumented workers completely from their workers’ compensation statute is Wyoming.

The following is a list of states known to include undocumented workers in the state’s workers’ compensation statutes:

  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Florida
  • Hawaii
  • Idaho
  • Illinois
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maryland
  • Massachusetts
  • Minnesota
  • Mississippi
  • Montana
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia

Unfortunately, the legal rights of undocumented workers in California are consistently violated each day. These type of employees are subject to abuse by employers due to their immigration status. Many of them may not know much about the English language to protect their rights.

At Alvandi Law Group, P.C., we are committed to protecting the rights of undocumented workers in California. With more than $300 million recovered for California workers over the past 30 years, our Orange County workers’ compensation attorneys understand what it takes to obtain the best results possible.

If you are an undocumented worker and need workers’ compensation benefits to recover from an injury or illness, contact us and request a free consultation with our firm today.

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