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.
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.
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