Immigration Reform and Control Act

Immigration Reform and Control Act and Injured Texas Workers

The Immigration Reform and Control Act of 1986, commonly known as IRCA, is a federal law that established penalties for employers who knowingly hire undocumented immigrants. While this law created employment verification requirements through the I-9 process, it also includes important protections for workers regardless of their immigration status. If you have been injured on the job in Texas, understanding how IRCA affects your rights is critical to protecting your ability to seek compensation.

Employers’ Obligations Under the Immigration Reform and Control Act

Under IRCA, employers are required to verify the identity and work authorization of every employee they hire by completing Form I-9. However, IRCA also prohibits employers from discriminating against workers based on their national origin or citizenship status. This means that employers cannot use a worker’s immigration status as a reason to deny workplace safety protections, refuse to report injuries, or retaliate against employees who file injury claims.

Texas employers who carry workers’ compensation insurance must provide coverage to all employees, including undocumented workers. The Texas Workers’ Compensation Act does not require proof of legal work authorization as a condition for receiving benefits. If your employer has workers’ compensation coverage, you are entitled to medical treatment and income benefits for a work-related injury regardless of your immigration status.

How the Immigration Reform and Control Act Protects Undocumented Workers

Despite common misconceptions, IRCA and other federal and state laws provide several important protections for undocumented workers who are injured on the job:

Right to workers’ compensation benefits. Texas law does not require employees to prove legal immigration status to qualify for workers’ compensation. If your employer carries coverage, you can file a claim and receive benefits.
Protection from employer retaliation. It is illegal for an employer to threaten to report a worker to immigration authorities as retaliation for filing a workplace injury claim. Employers who engage in this conduct can face additional legal consequences.
Right to pursue a personal injury lawsuit. If your employer does not carry workers’ compensation insurance, you have the right to file a personal injury lawsuit against them. Texas courts have consistently held that immigration status does not bar an injured worker from seeking damages in civil court.
OSHA protections. The Occupational Safety and Health Administration enforces workplace safety standards for all workers, regardless of immigration status. Employers are required to maintain safe working conditions for every employee.

What Undocumented Workers Should Know About Filing a Claim

Many undocumented workers are afraid to report workplace injuries because they fear deportation or termination. Employers sometimes exploit this fear to avoid paying for medical treatment and lost wages. It is important to understand that filing a workers’ compensation claim or personal injury lawsuit does not require you to disclose your immigration status to the court or the insurance company.

Additionally, the information you provide in a workers’ compensation claim is confidential and cannot be shared with immigration authorities without a court order. An experienced attorney can help you navigate the process while protecting your privacy and your legal rights.

San Antonio Work Injury Lawyers for Undocumented Immigrants

At the Law Offices of Ronald A. Ramos, P.C., we believe every worker in Texas deserves access to fair compensation when they are injured on the job. Our San Antonio work injury attorneys have extensive experience representing undocumented workers in workers’ compensation claims and personal injury lawsuits. We handle every case with the utmost confidentiality and are committed to fighting for your rights.

Contact us today for a free, confidential consultation. We work on a contingency fee basis, so you pay nothing unless we recover compensation on your behalf. Call (210) 308-8811.

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

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

Immigration Reform and Control Act