Understanding Your Rights Regardless of Immigration Status
If you’re an undocumented worker who has suffered a workplace injury in San Antonio, you might be afraid to seek help due to concerns about your immigration status. However, it’s crucial to understand that Texas law provides important protections for all workers, regardless of immigration status. At Ryan Orsatti Law, we believe everyone deserves access to justice and fair compensation after a workplace injury.
Do Undocumented Workers Have Legal Rights After a Workplace Injury?
The short answer is yes. Undocumented workers in San Antonio and throughout Texas have legal rights after suffering workplace injuries. The Texas Workers’ Compensation Act does not exclude workers based on immigration status, and federal labor laws such as the Fair Labor Standards Act (FLSA) protect all employees, regardless of documentation status.
The Supreme Court decision in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board created some confusion about undocumented workers’ rights, but subsequent court rulings have affirmed that undocumented workers maintain the right to pursue compensation for workplace injuries.
Workers’ Compensation Benefits for Undocumented Workers in San Antonio
Texas is unique in that it doesn’t require employers to carry workers’ compensation insurance. This creates two distinct scenarios for injured workers:
If Your Employer Has Workers’ Compensation Insurance
When your employer carries workers’ compensation insurance, you are entitled to benefits regardless of your immigration status. These benefits typically include:
- Medical care coverage for your work-related injury
- Income benefits to replace a portion of lost wages
- Death benefits for families of workers who suffer fatal injuries
- Burial benefits in case of fatal injuries
The Texas Department of Insurance, Division of Workers’ Compensation oversees these benefits and provides resources in both English and Spanish.
If Your Employer Doesn’t Have Workers’ Compensation Insurance
Employers who choose not to carry workers’ compensation insurance (known as “non-subscribers”) lose important legal protections. This means undocumented workers injured while working for non-subscribers can file personal injury lawsuits against their employers.
In these lawsuits, you may be able to recover compensation for:
- All medical expenses, past and future
- Full lost wages and earning capacity
- Physical pain and suffering
- Mental anguish
- Disfigurement
- Physical impairment
While workers’ compensation benefits are typically more limited, a personal injury lawsuit against a non-subscriber may result in more substantial compensation.
Common Workplace Injuries in San Antonio’s Key Industries
San Antonio’s economy features several industries that present significant workplace hazards, including:
Construction Industry
Construction sites in San Antonio’s rapidly developing areas present numerous hazards for workers, including:
- Falls from heights
- Struck-by injuries from falling objects
- Caught-in/between injuries involving machinery
- Electrocution from exposed wiring or power lines
The Occupational Safety and Health Administration (OSHA) provides safety guidelines for construction workers that all employers must follow, regardless of their workers’ immigration status.
Hospitality Industry
San Antonio’s vibrant tourism industry employs many workers in hotels, restaurants, and entertainment venues. Common injuries include:
- Slip and falls on wet floors
- Burns from cooking equipment
- Repetitive stress injuries
- Back injuries from lifting
Manufacturing
Manufacturing facilities in and around San Antonio present risks such as:
- Machine entanglement injuries
- Exposure to toxic substances
- Repetitive motion injuries
- Hearing damage from loud equipment
Agricultural Work
The agricultural industry around San Antonio can expose workers to:
- Heat-related illnesses
- Injuries from farm equipment
- Pesticide exposure
- Musculoskeletal injuries from repetitive tasks
Overcoming Fear: Why Undocumented Workers Should Seek Legal Help
Many undocumented workers fear that pursuing a workplace injury claim will lead to immigration consequences. This fear is understandable but often prevents injured workers from receiving the medical care and compensation they need.
It’s important to understand:
- Attorney-client privilege protects your information. When you consult with a personal injury attorney, your immigration status and other personal information remain confidential.
- Texas workers’ compensation claims do not require reporting to immigration authorities. The Texas Division of Workers’ Compensation does not share information with immigration officials.
- Retaliation is illegal. Both Texas and federal law prohibit employers from retaliating against workers who file injury claims, regardless of immigration status.
- Recovery is possible without exposing your status. Experienced attorneys can navigate the legal system while minimizing any risk to your immigration status.
Recent Texas Court Decisions Supporting Undocumented Workers’ Rights
Several important court decisions in Texas have affirmed the rights of undocumented workers to receive compensation for workplace injuries:
In Grocers Supply, Inc. v. Cabello, the Texas Court of Appeals confirmed that undocumented workers are entitled to recover damages for lost earning capacity based on U.S. wage rates, not the wages they would earn in their country of origin.
Similarly, in Tyson Foods, Inc. v. Guzman, the court upheld an undocumented worker’s right to recover damages for diminished earning capacity resulting from a workplace injury.
These precedents strengthen the legal foundation for undocumented workers seeking justice after workplace injuries in San Antonio and throughout Texas.
U-Visas: A Potential Path to Legal Status for Injured Workers
In some workplace injury cases involving criminal activity by employers, undocumented workers may qualify for U nonimmigrant status (U-Visa). This visa is available to victims of certain crimes who assist law enforcement in investigating or prosecuting criminal activity.
If your workplace injury resulted from criminal negligence, unsafe working conditions that violate criminal statutes, or other criminal behaviors, you might be eligible for a U-Visa. Consulting with an attorney experienced in both personal injury and immigration law can help determine if this option applies to your situation.
Steps to Take After a Workplace Injury in San Antonio
If you’re an undocumented worker who has suffered a workplace injury in San Antonio, consider taking these important steps:
- Seek medical attention immediately. Your health should be your primary concern. Emergency rooms cannot refuse treatment based on immigration status.
- Report the injury to your employer. If possible, provide written notice of your injury to create documentation.
- Document everything. Take photos of your injuries and the accident scene if possible. Keep records of all medical treatments and work days missed.
- Consult with a personal injury attorney. Look for an attorney with experience representing undocumented workers in workplace injury cases.
- Follow through with medical treatment. Attending all medical appointments demonstrates the seriousness of your injuries.
The Role of OSHA in Protecting Undocumented Workers
The Occupational Safety and Health Administration (OSHA) enforces workplace safety standards regardless of workers’ immigration status. OSHA has explicitly stated that it will not inquire about immigration status during workplace inspections or investigations of safety violations.
Undocumented workers have the right to:
- Work in a safe environment free from recognized hazards
- Receive safety training in a language they understand
- Request an OSHA inspection if they believe their workplace is unsafe
- Exercise their rights without retaliation
For more information, visit OSHA’s Workers’ Rights page.
San Antonio Community Resources for Undocumented Injured Workers
Several San Antonio organizations provide assistance to undocumented workers who have suffered workplace injuries:
- Catholic Charities Archdiocese of San Antonio offers immigration legal services and can provide referrals for workplace injury cases.
- Texas RioGrande Legal Aid provides free legal services to low-income individuals, including undocumented workers with workplace injuries.
- RAICES (Refugee and Immigrant Center for Education and Legal Services) offers immigration legal services and can provide guidance on the intersection of workplace injuries and immigration concerns.
- Mexican Consulate in San Antonio provides resources and protection to Mexican nationals regardless of immigration status.
How Ryan Orsatti Law Can Help Undocumented Workers in San Antonio
At Ryan Orsatti Law, we understand the unique challenges faced by undocumented workers who suffer workplace injuries in San Antonio. Our approach includes:
- Confidential consultations where you can discuss your case without fear
- Bilingual staff to ensure clear communication throughout your case
- Experience with non-subscriber claims against employers without workers’ compensation
- Knowledge of both personal injury and immigration considerations
- Contingency fee representation meaning you pay nothing unless we win your case
Our goal is to help you receive the medical care and compensation you deserve while minimizing any potential immigration risks.
The Statute of Limitations: Why You Shouldn’t Wait
In Texas, the statute of limitations for personal injury claims is generally two years from the date of injury. For workers’ compensation claims, you must report the injury to your employer within 30 days and file a claim with the Division of Workers’ Compensation within one year.
Waiting too long can permanently bar your right to compensation. Despite fears about immigration consequences, consulting with an attorney promptly after an injury is crucial to protecting your rights.
Conclusion: Justice Is Possible Regardless of Immigration Status
Workplace injuries can cause devastating physical, emotional, and financial hardship for undocumented workers and their families. However, Texas law provides important protections and potential paths to compensation regardless of immigration status.
By understanding your rights and working with experienced legal counsel, you can pursue the compensation you deserve while minimizing immigration risks. At Ryan Orsatti Law, we believe that workplace safety and fair compensation are fundamental rights for all workers in San Antonio, regardless of where they were born or their documentation status.
If you or a loved one has suffered a workplace injury in San Antonio, contact Ryan Orsatti Law today for a confidential consultation about your legal options. Remember: your immigration status does not eliminate your right to workplace safety and fair compensation after an injury.
