Resources for Undocumented Workers

Resources for Undocumented Workers Injured on the Job in Texas

If you are an undocumented worker who has been injured at work in San Antonio or anywhere in Texas, you have legal rights. Texas law protects all injured workers regardless of immigration status, and you may be entitled to workers’ compensation benefits, medical treatment, lost wage replacement, and additional compensation through a personal injury claim. This page provides essential information and resources to help you understand your options.

What Undocumented Workers in Texas Need to Know About Work Injuries

Many undocumented workers are afraid to report workplace injuries because they fear their employer will contact immigration authorities. This fear is exactly what some employers rely on to avoid paying for medical treatment and lost wages. The truth is that Texas law does not require you to prove legal work authorization to receive workers’ compensation benefits or to file a personal injury lawsuit against a negligent employer.

Your employer cannot legally retaliate against you for reporting an injury or filing a claim. Threatening to report you to ICE, firing you, or reducing your hours because you were injured on the job is illegal under both federal and Texas state law.

Frequently Asked Questions

Can my employer report me to USCIS if I file an injury claim? No. It is illegal for employers to use immigration status as a tool to retaliate against workers who exercise their legal rights. Filing a work injury claim is a protected activity under Texas law.

Do I need a Social Security number to file a claim? No. The Texas workers’ compensation system does not require a valid Social Security number to process a claim. Your attorney can help you navigate the paperwork while protecting your personal information.

Will my immigration status come up in court? In most cases, no. Texas courts have placed significant restrictions on the ability of defendants to inquire about a plaintiff’s immigration status because it is not relevant to the injury claim and serves only to intimidate the worker.

What to Do After an Accident at Work

If you are injured on the job, take the following steps to protect your health and your legal rights:

Report the injury to your supervisor immediately, even if it seems minor
Seek medical attention as soon as possible and tell the doctor your injury is work-related
Document everything, including photos of the accident scene, your injuries, and any unsafe conditions
Do not sign any documents from your employer or their insurance company without speaking to an attorney first
Contact a San Antonio work injury lawyer who has experience representing undocumented workers

Types of Compensation Available for Undocumented Workers

Depending on the circumstances of your case, you may be eligible for compensation including medical expenses for treatment related to your injury, temporary income benefits while you are unable to work, impairment income benefits for permanent injuries, supplemental income benefits for long-term lost earning capacity, and death benefits for the family members of workers killed on the job.

If your employer does not carry workers’ compensation insurance, you may have the right to file a personal injury lawsuit that can include additional damages such as pain and suffering, mental anguish, and loss of enjoyment of life.

Relevant Laws That Protect Undocumented Workers

Immigration Reform and Control Act (IRCA) – This federal law prohibits employers from discriminating against workers based on immigration status and makes it illegal to retaliate against employees who assert their workplace rights.

Texas Workers’ Compensation Act – This state law provides benefits to all employees injured in the course and scope of their employment, without regard to immigration status.

OSHA Workplace Safety Standards – Federal workplace safety regulations apply to all workers and require employers to maintain safe working conditions regardless of their employees’ documentation status.

Schedule a Free Consultation at Law Offices of Ronald A. Ramos

At the Law Offices of Ronald A. Ramos, P.C., we have extensive experience representing undocumented workers in San Antonio and throughout South Texas. Every consultation is completely confidential, and we never share your personal information with immigration authorities. We work on a contingency fee basis, so you pay nothing unless we win your case.

Law Offices of Ronald A. Ramos, P.C.

1844 Lockhill Selma Rd #102
San Antonio, TX 78213
Phone: (210) 308-8811

Resources for Undocumented Workers