The Workers' Comp Group

Yes! Absolutely. The workers’ compensation system in California is designed to provide both treatment and benefits for injured workers, regardless of immigration status. In fact, California employment protection laws and federal immigration laws are treated separately. Workers’ compensation cases do not address immigration status and immigration laws do not address workers’ compensation benefits. But filing for workers’ comp as an undocumented worker may be more complicated. And while you are entitled to certain benefits, you are not guaranteed the same benefits as a documented worker.

Or more importantly, can you be fired for filing a workers’ compensation claim? The answer is clearly NO! California law states under Labor Code 132A that an employer cannot discriminate against “workers who are injured in the course and scope of their employment.” In other words, this means you cannot be legally fired solely because you were injured on the job and filed a workers’ compensation claim.

The good news is that workers’ comp protects workers from the sometimes crippling medical costs of work-related injuries. The even better news:the direct payments that come from workers’ compensation benefits with regards to loss of income and disability benefits are all tax-free. Typically, after suffering a workplace injury or illness, there is a period of recovery where the employee is unable to perform any of their regular work duties. During this period, you are entitled to two-thirds of your original salary. Additionally, if your injury or illness leaves you with a temporary disability, requiring you take on modified or “light duty” work at a lower pay than before the accident, you would still receive benefits to offset the difference in pay. If you are permanently disabled and cannot return to work in any kind of capacity, you qualify for Permanent Total Disability (PTD) benefits. This is reserved for the most debilitating conditions (i.e. loss of both arms or legs). PTD benefits are calculated in a similar fashion to PPD benefits, but are usually paid for the rest of the employee’s life. This results in either advanced payments to the worker or, as is often the case, a lump sum payment of future medical benefits.

You should file your workers' compensation claim within 30 days of your workplace injury or illness to ensure timely benefits and treatment, with cases typically finalizing within 60 days.

If denied, you can resubmit your claim and still be approved. Studies show nearly 70% of denied claims are later accepted with higher settlements.

Yes, undocumented workers are entitled to workers' compensation benefits, although the process may be more complex and benefits may differ from those for documented workers.

No, California law prohibits employers from firing employees solely because they were injured at work or filed a workers' compensation claim.

Workers' compensation benefits for loss of income and disability are tax-free. Benefits include two-thirds of your salary during recovery, payment for temporary or permanent disabilities, and possible lump sum payments.

The Workers' Comp Group is located at 100 West Broadway Ave, Suite 300, Long Beach, CA 90802, USA.

The firm is open Monday 9am-6pm, Tuesday to Wednesday 8am-5pm, Thursday 9am-6pm, and Friday 8am-4pm. It is closed on Saturday and Sunday.

You can look for nearby places such as Downtown Long Beach, Downtown Long Beach Alliance, and the office is near notable local businesses like the Personal Injury Attorney Long Beach and Empire Tax Service.

Yes, nearby services include Personal Injury Attorney Long Beach for legal help, Empire Tax Service for financial services, and Abar Law for additional legal support.

Nearby, you can explore Downtown Long Beach for arts, entertainment, and beach activities, or check out events organized by Downtown Long Beach Alliance and Coast to Coast Conferences & Events.