California workers' comp rights regardless of immigration status

Yes. In California, you can get workers' compensation if you are hurt at work, whatever your immigration status. State law says its worker protections apply "regardless of immigration status" (Labor Code § 1171.5), and the California Insurance Commissioner has told insurers that claims may not be denied because of a worker's immigration status.

What workers' comp pays

• Medical treatment for your work injury
• Temporary disability checks while you cannot work
• Permanent disability payments if you do not fully recover
• Death benefits for your family if a worker dies from a work injury

Your rights

• Immigration status does not matter to whether your employer is responsible for your injury, and in general it cannot be asked about in your case (Labor Code § 1171.5). The one exception: reinstatement to your job where federal law does not allow it.
• Your employer cannot punish you for filing a claim. Firing, threatening or discriminating against a worker for filing a workers' comp claim is illegal (Labor Code § 132a).
• If your employer had no insurance, a state fund can still pay benefits, and immigration status does not stop you from getting them.

What to do after a work injury

• Tell your employer about the injury right away, in writing if you can. The law requires notice within 30 days (Labor Code § 5400).
• Ask for a claim form (DWC-1). Your employer must give or mail it to you within one working day after learning of the injury.
• Fill out your part and give it back. Keep a copy.
• Once the form is filed, the employer must authorize up to $10,000 in medical treatment while the claim is investigated.
• Write down what happened, the names of witnesses, and the dates you missed work.

Talk to us in Spanish

Many of our clients speak Spanish, and you can talk with us in Spanish from the first call. What you tell us is confidential. We help injured workers throughout the Bay Area and Northern California. Lea esta guía en español.

Related pages

• California workers' comp lawyer
• Case result: 100% permanent disability plus $900,000 policy limits

Free consultation. Se habla español. Call (510) 856-4421.

Reviewed by Daniel Weltin, attorney at law. Updated November 2026. This guide is general information, not legal advice for your case. Laws change, so call us about your situation.

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