Frequently Asked Questions For Undocumented Workers in Texas

If you are an undocumented immigrant living and working in Texas, when it comes to work injuries, the law is on your side. You are entitled to seek financial compensation for your injury-related losses, and your employer cannot use your immigration status against you.

However, as an undocumented worker, filing a work injury claim is not always as straightforward as it should be. Read these FAQ answers to learn more, and then contact us for a free and confidential consultation about your legal rights:

FAQs: Your Rights as an Undocumented Worker in Texas

Q: Can undocumented workers file for workers’ compensation in Texas?

In Texas, undocumented workers have the same rights as U.S. citizens with regard to filing for workers’ compensation benefits. If you have suffered a job-related injury and your employer participates in workers’ compensation, then you can file a claim for benefits. Learn more.

Q: Can undocumented workers file personal injury claims in Texas?

Yes, in Texas, undocumented workers also have the right to file claims for personal injury damages. If your employer does not participate in workers’ compensation (or if a third party is to blame for your injuries), you may be able to file a personal injury claim to recover your medical bills, lost wages, and other losses. Learn more.

Q: Can my injury claim be denied based on my immigration status?

No, in Texas, your injury claim cannot be denied based on your immigration status. This is true for both workers’ compensation claims and personal injury claims. In fact, if your employer or its insurance company tries to bring up the fact that you are undocumented, you are entitled to have this information kept out of court. Learn more.

Q: Can I be removed (deported) if I file an injury claim?

No, you cannot be deported because you file a claim for benefits or damages. You have the legal right to seek financial compensation for your work injury, and the government cannot take action against you because you assert your legal rights. However, there are some practical considerations you need to be aware of; and, as a result, it is important that you discuss your case with an attorney. Learn more.

Q: Can my employer report me to USCIS if I file an injury claim?

Technically, no. Your employer should not report you to USCIS because you have filed a claim for compensation. This type of retaliation is illegal under Texas and U.S. federal law. If your employer is unaware of your undocumented status, your status should not come up during your case. However, if your employer tries to use your status against you, you will need an experienced attorney to help protect your legal rights. Learn more.

Q: How much does it cost to hire an attorney?

At Law Offices of Ronald A. Ramos, we do not charge any upfront or hourly fees for our services. If we are successful in helping you recover financial compensation, we will retain a percentage of the amount recovered. In workers’ compensation cases, our fees are limited by Texas law.

Q: What do I need to do to protect my right to compensation?

To protect your right to compensation, the most important thing you can do is meet with an attorney as soon as possible. From seeing the wrong doctor to sharing too much information with the insurance companies, you need to make sure you have a clear understanding of the mistakes that could jeopardize your legal rights. At Law Offices of Ronald A. Ramos, we will walk you through every step of the process, and we will use our decades of experience to help you win the compensation you deserve.

Q: What types of injuries are covered?

Undocumented workers are entitled to the same protections as any other worker when it comes to on-the-job injuries. This includes injuries from construction accidents, falls, machinery malfunctions, repetitive stress injuries, exposure to hazardous chemicals, and motor vehicle accidents that occur during work duties. Whether you work in construction, oil fields, agriculture, manufacturing, or any other industry, your right to seek compensation for a workplace injury is protected under Texas law regardless of your immigration status.

Q: What evidence should I gather after a workplace injury?

Documenting your injury thoroughly is critical to building a strong claim. You should seek medical attention immediately and keep all medical records and bills. Report the injury to your employer in writing and keep a copy for your records. Take photographs of the accident scene and any visible injuries. Collect contact information from any witnesses who saw the accident occur. Keep a written log of your symptoms, medical appointments, and how the injury affects your daily life and ability to work. Your attorney can help you gather additional evidence to support your claim.

Q: How long do I have to file a claim in Texas?

In Texas, workers’ compensation claims generally must be reported to your employer within 30 days of the injury, and you must file a claim with the Division of Workers’ Compensation within one year. For personal injury claims against a negligent third party, the statute of limitations is generally two years from the date of the injury. Because these deadlines are strict, it is important to consult with an attorney as soon as possible after your injury to ensure your rights are protected.

Q: Can I receive compensation if I am partly at fault for the accident?

Texas follows a modified comparative fault rule. This means you can still recover compensation as long as you are not more than 50 percent at fault for the accident. Your total compensation may be reduced by your percentage of fault. An experienced attorney can help evaluate the circumstances of your case and work to minimize any fault attributed to you.

Injured at Work? Call or Click for a Free and Confidential Consultation

If you have been injured at work in South Texas, we urge you to contact us promptly to schedule a free and confidential consultation. To speak with an experienced work injury attorney at our law offices in San Antonio, please call (210) 308-8811 or get in touch online now.