RAWA Law Group APC

Experienced. Aggressive. Trial Lawyers. Abogados Litigante. Experiencia. Agresividad.

Expert Personal Injury Representation When You Need It Most

UNDOCUMENTED WORKERS

Practice Areas
Áreas de práctica
MAIN OFFICE

5843 Pine Ave Suite A Chino Hills CA 91709

E-MAIL

info@rawa.com

TELEPHONE

844-444-1400

WORKING HOURS

Mon To Sun
 8am – 8pm

Rights of Undocumented Workers

UNDOCUMENTED WORKERS, NO PROBLEM! YOU HAVE SIMILAR RIGHTS AS DOCUMENTED ONES.

You may be surprised to know that 3.5% of the United States population is made of undocumented immigrants. This number is quite large in California, which these immigrants making up an astounding 10% of the workforce! Of course, if this many undocumented immigrants are being hired, this means that there is a higher risk that many will become injured as well, right? California has created statutes that reflect upon undocumented immigrants and their rights. You see, over the years there has been a lot of confusion about the rights of undocumented workers employed in California. However, the Department of Industrial Relations stands by its decision that all California workers, no matter what, are entitled to workplace protection. In fact, beginning on January 1, 2016, all workers must receive at least $10.00 per hour minimum wage. They are also entitled to overtime pay, to file claims if they believe the employer has violated wage laws, to file workplace safety and health complaints with OSHA, and work in an environment that is free from retaliation.

The Immigration Reform and Control Act (IRCA)

Technically, undocumented immigrants should not be entitled to the same monetary rights because they are not supposed to be legally authorized to work in the United States. According to the IRCA, heavy sanctions should apply to employers who knowingly hired unauthorized employees. In fact, violations could lead to $10,000 per employee. These same workers should also technically be denied workers’ compensation under the laws. However, state laws step in and make these rights possible.

Many state laws have made undocumented workers eligible for compensation if they are injured on the job. In many states, these workers will receive compensation because the state’s statute specifically includes undocumented employees. In California, as well as many other states such as Arizona, Colorado, Hawaii, North Carolina, Tennessee, and Texas – the state’s statutes expressly include undocumented immigrants.

Understanding Rights: Questioning the Immigrant Status

he California Department of Industrial Relations does not question workers about their immigrant status. Instead, they take many different measures like the following:

Answers to Frequently Ask Questions From Rawa Law Group

Frequently Asked Questions

No matter what your status is, if you are injured in the workplace in California, you are eligible for workers’ compensation benefits to cover medical treatment and sometimes even lost wages. However, job retraining benefits may not be available in all cases. There are many ways in which you can take action and file a claim form if you have been injured.
No matter what the status, you are protected under health and safety laws. This means that you have a right to any information regarding your health and safety rights as a whole. If you believe that work is unsafe because it would create a hazard to you or a co-worker, you are legally allowed to deny it. When it comes to filing a safety claim, you are permitted to interact your concerns with the California Occupational Safety and Health Administration (OSHA). They will then investigate your health and safety claim and any possible violations.
Yes, you most certainly are. You are protected under the National Labor Relations Act (NLRA) to organize a union, elect a union, and bargain with potential employers. You are also permitted to act in ways that will help improve working conditions for all workers even if there is no union as of yet. Under NLRA, your employer is not permitted to retaliate against you. However, you have to understand that your remedies will be limited because of your immigration status when it comes to this. If you were unlawfully fired, you will not be able to receive back pay. You will also not be able to get your job back because you do not actually have legal work authorization. You should not be questioned by the National Labor Relations Board about your immigration status if you decide to call to file a union activity claim.
Even in the case of undocumented workers, employers are not permitted to illegally discriminateagainst anyworker. This is stated under Federal and California specific anti-discrimination laws. This means that your employer will not be able to fire you, refuse to hire you, harass you, or take another action against you based on national origin, race, color, sex, pregnancy, religion, age, or disability. However, if you are fired and you suspect it was because of discrimination, it may not be so easy to collect income that you have lost. If you file a discrimination claim, there is always the possibility that you will be eligible for some type of remedy.

If you’ve been involved in an undocumented worker, don’t hesitate to seek the legal assistance you deserve.

I want to file a claim against my employer. Should I be aware of any risks involved with this?

Yes, there are many risks. Of course, they go hand in hand with the anti-retaliation laws and you still have protections. An employer, for instance, may threaten to report you to the Department of Homeland Security; however, this is retaliation and is an illegal way for you to lose your job.

So, to answer the burning question that many of you probably have: Yes, undocumented workers in California still have rights. However, you must understand the laws in your state regarding what employers can and cannot do. If you are an undocumented worker and you believe you are being discriminated against or just generally being denied rights, speak to an attorney today. At The RAWA Law Group, we can help you every step of the way.

Your Rights, Our Fight
IF YOU HAVE ENCOUNTERED ANY OF THE FOLLOWING, WORK WITH THE BEST!

Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.
Learn More

Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
Learn More

Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
Learn More

Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
Learn More

Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately. Learn More

Delayed Workers’ Compensation Claims

Delayed Workers’ Compensation Claims address delays in receiving workers’ compensation benefits. It involves efforts to expedite the claims process and ensure timely access to medical and wage benefits.
Learn More

Denied Workers’ Compensation Claims

Denied Workers’ Compensation Claims involve legal action to overturn denied claims. It includes challenging decisions to secure benefits and compensation for work-related injuries or conditions.
Learn More

Spinal Cord Injuries

Spinal Cord Injuries are serious injuries involving the spinal cord, often from workplace accidents. It includes claims for medical expenses, rehabilitation, and compensation for permanent disability effects.
Learn More

Burn Injuries

Burn Injuries occur from workplace accidents involving fire or chemicals. It includes seeking compensation for medical treatment, rehabilitation, pain and suffering, and lost wages due to burn injuries.
Learn More

Workers’ Compensation Appeals

Workers’ Compensation Appeals involve challenging denied or inadequate compensation claims. It includes legal efforts to overturn denials and secure rightful benefits for work-related injuries or conditions.
Learn More

Hearing Loss Claims

Hearing Loss Claims relate to workplace-induced hearing damage from excessive noise. It includes claims for medical treatment and compensation for the loss of hearing abilities due to work conditions.
Learn More

Workplace Chemical Exposure

Workplace Chemical Exposure involves health issues from hazardous chemicals at work. It includes conditions like respiratory problems or skin diseases, requiring medical benefits and compensation for long-term health effects.
Learn More

Slip and Falls at Work

Slips and Falls at Work involve injuries from slipping or tripping on workplace premises. It includes hazards like wet floors or uneven surfaces, leading to medical claims and compensation for lost wages.
Learn More

Construction Site Injuries

Construction Site Injuries occur when workers are hurt on construction sites. It involves accidents like falls or equipment failures, seeking compensation for medical costs, lost wages, and long-term effects.
Learn More

Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.
Learn More

Repetitive Stress Injuries

Repetitive Stress Injuries are caused by repetitive motion or strain at work. It includes conditions like carpal tunnel syndrome, resulting in medical treatment and compensation for work-related injuries.
Learn More

Workplace Injuries

Workplace Injuries occur when employees are injured while performing job duties. It includes accidents or health issues arising from work conditions, leading to compensation claims for medical costs and lost wages.
Learn More

Workers'Comp Practice Areas
At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.
Learn More

Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
Learn More

Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
Learn More

Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
Learn More

Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately. Learn More

Delayed Workers’ Compensation Claims

Delayed Workers’ Compensation Claims address delays in receiving workers’ compensation benefits. It involves efforts to expedite the claims process and ensure timely access to medical and wage benefits.
Learn More

Denied Workers’ Compensation Claims

Denied Workers’ Compensation Claims involve legal action to overturn denied claims. It includes challenging decisions to secure benefits and compensation for work-related injuries or conditions.
Learn More

Spinal Cord Injuries

Spinal Cord Injuries are serious injuries involving the spinal cord, often from workplace accidents. It includes claims for medical expenses, rehabilitation, and compensation for permanent disability effects.
Learn More

Burn Injuries

Burn Injuries occur from workplace accidents involving fire or chemicals. It includes seeking compensation for medical treatment, rehabilitation, pain and suffering, and lost wages due to burn injuries.
Learn More

Workers’ Compensation Appeals

Workers’ Compensation Appeals involve challenging denied or inadequate compensation claims. It includes legal efforts to overturn denials and secure rightful benefits for work-related injuries or conditions.
Learn More

Hearing Loss Claims

Hearing Loss Claims relate to workplace-induced hearing damage from excessive noise. It includes claims for medical treatment and compensation for the loss of hearing abilities due to work conditions.
Learn More

Workplace Chemical Exposure

Workplace Chemical Exposure involves health issues from hazardous chemicals at work. It includes conditions like respiratory problems or skin diseases, requiring medical benefits and compensation for long-term health effects.
Learn More

Slip and Falls at Work

Slips and Falls at Work involve injuries from slipping or tripping on workplace premises. It includes hazards like wet floors or uneven surfaces, leading to medical claims and compensation for lost wages.
Learn More

Construction Site Injuries

Construction Site Injuries occur when workers are hurt on construction sites. It involves accidents like falls or equipment failures, seeking compensation for medical costs, lost wages, and long-term effects.
Learn More

Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.
Learn More

Repetitive Stress Injuries

Repetitive Stress Injuries are caused by repetitive motion or strain at work. It includes conditions like carpal tunnel syndrome, resulting in medical treatment and compensation for work-related injuries.
Learn More

Workplace Injuries

Workplace Injuries occur when employees are injured while performing job duties. It includes accidents or health issues arising from work conditions, leading to compensation claims for medical costs and lost wages.
Learn More

Personal Injury Practice Areas

At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.
Learn More

Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.
Learn More

Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.
Learn More

Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.
Learn More

Premises Liability

Premises Liability involves legal responsibility for injuries occurring on a property due to unsafe conditions. It includes hazards like defective stairs or inadequate lighting, affecting visitor safety.
Learn More

Slip and Fall Accidents

Slip and Fall Accidents, also known as Trip and Fall Accidents, occur when a person slips, trips, or falls due to unsafe conditions on the property. It involves hazards like wet floors or uneven surfaces.
Learn More

Pedestrian Accidents

Pedestrian Accidents occur when individuals walking are hit by vehicles or collide with stationary objects. It involves crashes with cars, trucks, or obstacles, often resulting in significant injuries.
Learn More

Bicycle Accidents

Bicycle Accidents occur when a cyclist collides with vehicles, pedestrians, or stationary objects. It involves crashes with cars, trucks, or obstacles on the road, often resulting in significant injuries.
Learn More

Motorcycle Accidents

A motorcycle accident involves a collision between a motorcycle and another vehicle or object, resulting in possible injuries and property damage. It involves crashes with cars, trucks, or fixed objects like guardrails, often resulting in serious injuries.
Learn More

Truck Accidents

Truck Accidents involve severe consequences for both the people and the occurred communities. A truck accident involves a collision between a truck and another vehicle or object, often causing significant damage and injury.
Learn More

Automobile Accidents

Automobile Accidents, also known as Car Accidents, occur when a motor vehicle collides with other objects. It involves fixed objects such as trees, buildings, and other motor vehicles.
Learn More

Personal Injury Practice Areas
At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.
Learn More

Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.
Learn More

Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.
Learn More

Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.
Learn More

Premises Liability

Premises Liability involves legal responsibility for injuries occurring on a property due to unsafe conditions. It includes hazards like defective stairs or inadequate lighting, affecting visitor safety.
Learn More

Slip and Fall Accidents

Slip and Fall Accidents, also known as Trip and Fall Accidents, occur when a person slips, trips, or falls due to unsafe conditions on the property. It involves hazards like wet floors or uneven surfaces.
Learn More

Pedestrian Accidents

Pedestrian Accidents occur when individuals walking are hit by vehicles or collide with stationary objects. It involves crashes with cars, trucks, or obstacles, often resulting in significant injuries.
Learn More

Bicycle Accidents

Bicycle Accidents occur when a cyclist collides with vehicles, pedestrians, or stationary objects. It involves crashes with cars, trucks, or obstacles on the road, often resulting in significant injuries.
Learn More

Motorcycle Accidents

A motorcycle accident involves a collision between a motorcycle and another vehicle or object, resulting in possible injuries and property damage. It involves crashes with cars, trucks, or fixed objects like guardrails, often resulting in serious injuries.
Learn More

Truck Accidents

Truck Accidents involve severe consequences for both the people and the occurred communities. A truck accident involves a collision between a truck and another vehicle or object, often causing significant damage and injury.
Learn More

Automobile Accidents

Automobile Accidents, also known as Car Accidents, occur when a motor vehicle collides with other objects. It involves fixed objects such as trees, buildings, and other motor vehicles.
Learn More