Law Change: Unsafe California Companies Can't Use Immigration Status To Cheat Injured Workers
ShareA recent law passed by the state assembly
The nation relies on immigrant labor, like it or not
U.S.
In only three years' time in Massachusetts alone, the state's attorney general received 1,300 job-related complaints about wages and injuries, including stories of untreated broken bones, concussions and other painful, debilitating conditions caused by workplace injuries. The numbers of complaints should be even higher considering that many undocumented immigrants refuse to report their workplace accidents and injuries. They may fear or have been threatened with deportation. They may fear not getting paid, or worse, fear the authorities won't care about workplace negligence at all.
Assembly Bill No. 2159 removes immigration from the civil suit
In a wrongful death or personal injury claim brought before a civil court in California, immigration status is not allowed to be admissible or discoverable by the parties. In the past, injured workers or their survivors had to provide evidence of their legal status and prove that they were not in line to be deported soon.
Even after proving worker and resident status to qualify for compensation, many immigrants were denied future wage calculations based on U.S.
Companies can no longer get away with this behavior in California. Unscrupulous employers have to tighten up their safety or pay up if they're negligent. Indiana and other states are struggling with similar issues as they deal with growing numbers of complaints from undocumented workers.
Hopefully, other states will take note of California's approach. Safer workplaces benefit everyone. Especially in construction, a company that takes safety seriously produces a secure product that endures long after the workers leave the job site.
If you've been injured on the job or know someone who has, make sure they get immediate medical care and talk to a qualified accident attorney before they make any decisions about legal action. Each state's laws are different when it comes to undocumented workers, but the laws are slowly changing to make it safer for everyone to receive the compensation they're due.