In California, it’s not uncommon for workers in construction, landscaping, restaurants, cleaning services, and agriculture to be paid in cash. If you’ve been injured while working and your employer pays you off the books, you may be wondering:
“Am I still eligible for workers’ compensation benefits?”
The answer is yes. Under California law, being paid in cash does not disqualify you from receiving workers’ compensation. If you were injured while performing job duties for someone else, you may be entitled to benefits—regardless of your payment method or immigration status.
At Kinsler Law, we represent workers across Ventura County—including Oxnard, Santa Paula, and Ventura—who have been hurt on the job and wrongly told they “don’t qualify” because they were paid in cash. Don’t assume you have no options. Here’s what you need to know.
Workers’ Compensation Covers All Employees—Not Just Those on Payroll
California’s workers’ compensation laws are designed to protect all employees, not just those who receive a paycheck with taxes deducted. If you are performing work that benefits someone else or a business, and you get injured while doing that work, you are likely considered an employee under the law.
You may qualify if:
- You were performing work-related duties
- The injury occurred during or because of that work
- You were under the direction or control of an employer, regardless of how you were paid
Even if you were paid in cash, your employer is still legally required to carry workers’ compensation insurance and provide benefits when a workplace injury occurs.
Benefits Available Through Workers’ Compensation
If you qualify for workers’ compensation, you may be entitled to:
- Free medical care related to your injury
- Partial wage replacement while you recover
- Temporary or permanent disability benefits
- Job retraining or modified work, if needed
- Death benefits for surviving dependents, in fatal cases
These benefits are provided regardless of how you’re paid, your immigration status, or whether your employer followed all the rules.
Common Jobs Where Workers Are Paid in Cash
Many California workers are paid in cash, especially in industries where employers try to avoid tax or insurance obligations. These include:
- Construction and day labor
- Housekeeping and janitorial services
- Restaurant kitchen and dishwashing jobs
- Landscaping and gardening
- Agricultural labor and packing
- Warehouse and delivery support roles
In these industries, employers may try to avoid responsibility by claiming that workers are “independent contractors” or “not official employees.” But the law looks at the reality of your work—not just what your employer calls it.
What If Your Employer Denies You Were Working for Them?
One of the biggest concerns for cash-paid workers is that the employer may deny any employment relationship after an injury occurs. This is a tactic to avoid insurance liability, but it can be challenged.
You can use the following evidence to prove employment:
- Text messages or voicemails from your employer
- Witness testimony from coworkers or supervisors
- Photos of you working, tools, or uniforms
- Payment records, even if informal
- Job site location details or schedules
An experienced workers’ compensation attorney can help gather and present this evidence to protect your rights.
Your Immigration Status Does Not Affect Your Right to File a Claim
Another myth is that undocumented workers are not allowed to file workers’ compensation claims. This is false. Under California law:
- Your immigration status does not affect your right to benefits
- You do not need a Social Security number to file a claim
- Your employer cannot retaliate against you for exercising your legal rights
- Filing a claim does not impact your immigration case or status
At Kinsler Law, we’ve helped many undocumented and cash-paid workers recover benefits. Your case will be handled with complete confidentiality.
What to Do If You Were Injured and Paid in Cash
If you’re paid in cash and were injured on the job, take the following steps:
- Seek medical attention immediately. Inform the provider that your injury is work-related.
- Notify your employer in writing, if possible, even if they try to deny responsibility.
- Gather any proof of your work history with the employer (messages, names of witnesses, photos).
- Do not sign any forms or accept cash offers from your employer without speaking to an attorney.
- Contact a workers’ compensation lawyer as soon as possible to protect your claim.
How Kinsler Law Can Help
We understand how challenging it is to come forward when you’re paid in cash—especially if you’re also undocumented or worried about losing your job. At Kinsler Law, we:
- Help you file a claim, even if your employer won’t cooperate
- Assist in proving employment when no formal records exist
- Ensure you receive the medical treatment and wage replacement you deserve
- Appeal denied or delayed claims
- Offer legal consultations in English and Spanish
- Meet with clients via Zoom or phone consultations, for your convenience
You do not need to face this process alone. Our team is here to protect your health, your income, and your rights.
Contact Kinsler Law Today
If you were injured on the job and paid in cash, you still have rights under California law. Do not let an employer’s refusal to acknowledge your work stop you from getting the care and compensation you need.
Call Kinsler Law today for a free and confidential consultation. We will explain your rights clearly, answer your questions, and guide you through the process from start to finish.
You pay no fees unless we recover compensation for you.