In light of recent developments and ongoing immigration-related enforcement activity across the country, the California Labor Commissioner has issued a clear reminder: every worker in California is protected under state labor laws, regardless of immigration status.
The June 2025 announcement reaffirms legal rights that are especially critical for workers who may feel hesitant to speak up after being injured on the job, facing retaliation, or working under unsafe conditions.
At Pacific Workers', The Lawyers for Injured Workers, we want to be absolutely clear: your immigration status does not affect your right to file a workers’ compensation claim in California.
Key Protections for Workers, Regardless of Immigration Status
California’s labor laws provide an array of protections for undocumented workers, visa holders, permanent residents, and U.S. citizens alike. State law prohibits employers from using immigration status to intimidate workers or avoid their legal responsibilities.
As summarized by the Labor Commissioner, these laws include:
- Labor Code § 1171.5: Affirms that all workers, regardless of immigration status, are entitled to protections under state labor laws.
- Labor Code § 98.6: Prohibits retaliation against a worker who files a complaint or exercises a right under California labor laws.
- Labor Code § 244: Makes it an unlawful adverse action for an employer to threaten to report a worker’s immigration status in response to the exercise of a legal right.
- Labor Codes §§ 1019, 1019.1, and 1019.2: Prohibit unfair immigration-related practices such as demanding unnecessary documents, misusing E-Verify, or threatening to contact immigration authorities.
- Labor Code § 90.2: Requires employers to notify employees in advance of workplace immigration enforcement and inform them of their rights.
In short: employers cannot retaliate against you, report you, or threaten your immigration status simply because you stood up for your rights.
What This Means for Injured Workers in California
For injured workers, this reminder from the Labor Commissioner carries an important message: you have the right to file a workers’ compensation claim no matter your immigration status.
Under California’s workers’ compensation system:
- You are eligible for medical treatment, temporary and permanent disability benefits, and job retraining vouchers, even if you are undocumented.
- You are not required to disclose your immigration status in order to file a claim or receive benefits.
- The Workers’ Compensation Appeals Board (WCAB) does not consider immigration status when evaluating your right to benefits.
- Your employer cannot legally report or threaten to report you to ICE for filing a claim.
These protections are not just theoretical—they are enforced under California law. Any employer who attempts to intimidate or retaliate against a worker for filing a claim may be subject to steep penalties, including fines of up to $10,000 per violation.
If you were injured at work and have hesitated to file a claim because of immigration concerns, you are not alone—and you do not have to navigate the system on your own.
Retaliation, Threats, or Denials? You Still Have Options.
Unfortunately, some employers use fear as a weapon. At Pacific Workers', The Lawyers for Injured Workers, we have seen firsthand how employers try to discourage claims by:
- Threatening to call immigration authorities
- Asking for documentation that’s not required by law
- Retaliating with demotions, terminations, or cut hours
- Claiming an injury “didn’t happen at work” to avoid liability
These tactics are illegal. If you are facing any of the above after reporting a workplace injury or filing a claim, you may be entitled to additional legal protections and compensation.
Our firm can help you file a retaliation complaint, pursue your claim before the WCAB, and ensure your rights are upheld every step of the way.
You Don’t Have to Prove Legal Status to Get Medical Help
Another common concern for undocumented workers is whether they can get medical treatment after a work injury. The answer is yes.
You do not need a Social Security number to get care through the workers’ compensation system. Once your claim is accepted, your medical expenses are covered 100% by your employer’s workers’ comp insurance.
If your claim is denied—or your employer refuses to report your injury—we can intervene immediately to get your case back on track and ensure you see a qualified, trusted doctor.
We Proudly Represent Immigrant Workers Across Northern California
At Pacific Workers', The Lawyers for Injured Workers, we know that many of the hardest-working people in our state are also among the most vulnerable to abuse and intimidation in the workplace. We built our firm to serve them.
- We’ve handled thousands of workers’ compensation claims since 1984, with more than 98% ending in favor of our clients.
- We represent workers from all backgrounds, with or without legal immigration status.
- We speak Spanish and serve clients across the Bay Area and Northern California.
- We never charge upfront fees—we only get paid if we win your case.
If you or a loved one was injured at work, and you’re unsure what your rights are, we encourage you to contact us confidentially. Don’t let fear or misinformation prevent you from getting the medical care and financial support you deserve under California law.
Call (888) 740-6434 or contact us online for a free and confidential consultation. Hablamos español.