Every day, undocumented workers across California perform essential jobs in agriculture, construction, cleaning, restaurants, factories, and more. These workers help keep the state’s economy running—but when a workplace injury happens, many feel they have no legal options for help.
At Kinsler Law, we want to make one thing very clear:
Yes — it is safe for undocumented workers to file a work injury (workers’ compensation) claim in California.
Whether you live in Oxnard, Ventura, Santa Paula, or anywhere in Ventura County, your immigration status does not prevent you from receiving medical treatment and wage replacement after an injury on the job.
Here’s what every undocumented worker should know before filing a claim.
California Law Protects All Workers — Regardless of Immigration Status
California workers’ compensation law applies to every employee, not just those with legal status or work permits. If you are hurt while doing your job, you are legally entitled to:
- Free medical care for your work-related injury or illness
- Partial wage replacement while you recover
- Disability benefits if you cannot return to work
- Protection against retaliation or termination for filing a claim
- Death benefits for family members if a worker dies due to a job injury
Your employer cannot legally ask about your immigration status as part of the claim process, and they cannot report you to immigration authorities as punishment for filing a claim. Doing so would be considered unlawful retaliation.
Common Fears — and the Facts
Undocumented workers often hesitate to speak up due to fear, misinformation, or employer threats. Below are some common concerns we hear—and the legal truth behind them:
“I don’t have papers. Can I still get benefits?”
Yes. California law does not require you to have legal immigration status to receive workers’ compensation.
“Will I be reported to ICE if I file a claim?”
No. Your immigration status is not disclosed during the claim process, and insurance companies do not report injured workers to immigration authorities.
“My boss said I’m not covered because I’m paid in cash.”
False. You are still considered an employee under California law—even if you’re paid in cash or don’t have a formal contract.
“What if I’m deported before the case ends?”
Even if you are deported after your claim is filed, your case can still move forward. In many cases, benefits can be paid outside the U.S. or through your family or representative.
Why Some Employers Try to Intimidate Workers
Unfortunately, some employers in Ventura County intentionally mislead or intimidate undocumented workers in an effort to avoid paying benefits. They may say things like:
- “You’re not covered because you don’t have papers.”
- “If you file a claim, I’ll call immigration.”
- “We’ll just pay you cash under the table — don’t report anything.”
These tactics are not just unethical — they’re illegal. If your employer threatens or retaliates against you for filing a claim, you may have the right to additional compensation.
How Kinsler Law Protects Undocumented Workers
We understand that undocumented workers face serious fears when speaking with attorneys. That’s why we offer:
- Free, confidential consultations
- Legal services in English and Spanish
- Zoom or phone appointments, so you don’t need to travel
- A team experienced in defending the rights of immigrant workers
We handle every case with respect, discretion, and compassion. Your privacy is always protected, and we will never ask for documentation you are uncomfortable sharing.
You have the right to seek medical care, financial support, and legal protection—without fear.
Injured at Work? You’re Not Alone.
If you were injured at work and are afraid to file a claim because of your immigration status, we strongly encourage you to speak with a qualified attorney. We can explain your rights, help you understand your options, and guide you through the process safely and confidently.
At Kinsler Law, we proudly represent undocumented and immigrant workers across Ventura County. We believe every worker—regardless of legal status—deserves access to justice, health care, and financial support after a work-related injury.
Contact Kinsler Law Today
You’ve worked hard. Now let us help you recover.
Call today for a free and confidential consultation. There is no risk and no obligation. We will explain your rights clearly, answer your questions, and help you take the next steps with confidence—no matter your status.