Workers' Comp Law Covers All Injured Employees

Immigrants often fail to report on-the-job injuries because they believe the Workers' Compensation law only covers U.S.-born employees or are afraid their legal status will disqualify them for benefits. Neither, however, is true.

Attorney David Goldstein recently settled a claim for $100,000 for a janitor at Los Padrinos Youth Authority who required surgery after injured his back lifting heavy boxes. Goldstein convinced the State Comp Insurance Fund to rate the injury under the old code, allowing triple the benefits that would have been paid under the new rate.

"California laws protect all workers, not just American citizens or legal immigrants," Goldstein said. "And employers are not allowed to bring up a worker's immigration status in these cases."

Lilia Garcia, head of the Maintenance Cooperation Trust Fund, a janitors' advocacy group, said settlements like this "are changing the industry one case at a time."

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