In California, your immigration status does not prevent you from bringing a personal injury lawsuit against a third party who is responsible for your work injury. Who caused the accident, and whether that person or business can be held legally responsible, are the important considerations, not whether you have lawful immigration status. Reach out to our work injury lawyer in Los Angeles for a free consultation.
Under California Evidence Code § 351.2, your immigration status cannot be used against you in any personal injury or wrongful death case. Defendants are not allowed to bring up your status as evidence, and they cannot ask you about it in discovery or try to use it to distract from the facts of your injury. The purpose of this statute is to make sure injured workers have full access to legal remedies and to prevent intimidation or unfair use of immigration status in court.
Do Undocumented Workers Qualify for Workers’ Compensation Too?
Yes. California law specifically protects all workers, regardless of immigration status, when they suffer an eligible work injury. The California Department of Industrial Relations makes it clear that you are entitled to medical care and wage replacement benefits if you are hurt on the job, even if you do not have work authorization or a Social Security number.
This means you may have a workers’ compensation claim as well as a separate third-party lawsuit for injuries caused by people who are not your employer or a coworker.
What Compensation Can an Undocumented Worker Recover in a Third-Party Lawsuit?
An undocumented worker who sues a third party for a work-related injury can generally recover the same categories of compensation as any other injured plaintiff in California. If someone else’s negligence caused the injury, available damages may include:
- Medical expenses (past and future)
- Lost wages and earnings
- Costs of future medical treatment related to the injury
- Lost earning capacity, if the injury limits ability to work in the future
- Pain and suffering
- Other reasonable losses resulting from the injury
California courts do not allow immigration status to limit or reduce these damages in a personal injury lawsuit.
Who Can Be Considered a Third Party?
In a work injury case, a third party is generally a person or business other than your employer whose actions or negligence played a role in causing your injury. This could include people or businesses who have no employment relationship with you but are still involved at the worksite or connected to your job duties.
Common examples of third parties in work injury cases include:
- Drivers of other vehicles if you are injured in a traffic collision while working
- The owner or manager of a property where you are assigned to work, if an unsafe condition caused your injury
- Equipment or machine manufacturers, if a defective product or machinery contributed to the accident
- Independent contractors or subcontractors working for a different company at the same location
- Vendors, delivery services, or outsiders present at a job site
If you’re hurt at work and it was someone other than your employer or a coworker who caused or contributed to the injury, you may have the right to bring a personal injury claim directly against that person or business.
Talk to a California Work Injury Lawyer About Your Rights
Immigration status, on its own, does not take away your right to seek compensation after a work injury in California. An attorney can review your situation, clarify whether you may have a workers’ compensation claim, identify responsible third parties who may be sued, explain what damages could be available to you, and help you understand how multiple claims work together.
If you have concerns about your options, or worry that your status could keep you from pursuing a case, speaking with a knowledgeable injury attorney in Los Angeles can help you move forward. Contact our office for a confidential consultation to discuss your rights and the next steps.