Can My Employer Report Me to USCIS if I File an Injury Claim?

As an undocumented worker living in Texas, you have the legal right to seek financial compensation for injuries you sustain on the job. However, hiring undocumented workers is illegal, and employers can face criminal penalties for employing illegal immigrants under the Immigration Reform and Control Act. So, if you file a work injury claim, will this impact your employment? Could your employer report you to U.S. Citizenship and Immigration Services (USCIS)? Here is what you need to know:

3 Key Facts for Undocumented Immigrants with Work-Related Injuries

1. Your Immigration Status is Irrelevant to Your Work Injury Claim.

Under Texas law, your immigration status is irrelevant to your work injury claim. If you were injured at work, you are entitled to seek financial compensation for your injuries (whether in the form of workers’ compensation benefits or personal injury damages). Your claim cannot be denied based upon your immigration status; and, if your employer tries to learn your immigration status or bring it up during your case, you can seek to have this information kept out of court.

2. It is Illegal for Employers to Discriminate or Retaliate Against Employees Who Assert Their Legal Rights.

Anti-discrimination and labor laws make it illegal for employers to take adverse action against employees who assert their legal rights. This includes asserting your legal right to compensation for a work-related injury. For employers, discrimination and retaliation in employment can have serious consequences; and, if your employer retaliates against you, you may be entitled to seek additional compensation.

3. Employers Don’t Always Follow the Law.

Unfortunately, employers don’t always follow the law. As a result, if you file a workers’ compensation or personal injury claim, there is a chance that your employer could report you to USCIS. Also, without an experienced attorney on your side, there is a chance that your immigration status could come up in court. Your employer might claim (rightly or wrongly) that it was unaware of your undocumented status, and that it is trying to do the “right thing” by reporting you to federal authorities.

In this situation, even though your employer may be treating you unfairly, you will still need to be careful to protect your rights. At Law Offices of Ronald A. Ramos, we can help. We are intimately familiar with the unique issues involved in undocumented immigrants’ work injury claims, and we can help make sure your immigration status does not come up during your claim for compensation.

Free Consultations and Contingency-Fee Representation

When you contact us, we will arrange for you to meet with an experienced attorney as soon as possible. Your initial consultation is free, and your attorney will explain everything you need to know about protecting your legal rights. If you have a claim for compensation, we will deal with your employer and its insurance company for you; and, if necessary we will take your case to trial. We handle all cases on a contingency-fee basis, which means that you do not pay us anything unless we win just compensation.

Discuss Your Work Injury Case in Confidence

To schedule your free initial consultation, please call our San Antonio law offices at (210) 308-8811 or send us your contact information online. We will keep your immigration status confidential, and we will do everything in our power to help you win the compensation you deserve.