Work accidents and injuries can shatter lives. For some victims, like undocumented workers and their families, the aftermath can be especially difficult, raising questions about what to do next, if they’ll lose their jobs, and whether their immigration status will complicate things.
If you are an undocumented worker in Texas, here’s what you need to know about your rights and:
Remember, U.S. laws protect all workers, regardless of immigration status — and all workers, including undocumented ones, have the right to a safe workplace.
What to Do if You’re Undocumented & Hurt at Work: 8 Crucial Steps
If you’re undocumented in Texas, start getting familiar with what to do after a workplace accident, so you can take quick action to avoid more trauma, cover your bases, and avoid any missteps that could trip you up.
1. Seek emergency medical care.
Call 911 or seek emergency medical attention immediately. You have the right to emergency medical care, regardless of your documentation. You also have the right to refuse to disclose your immigration status, and that should not be a barrier to receiving emergency medical care.
One thing you will want to inform health care providers of if you’re able to is that the injury occurred at work. This can help them properly document everything for Step 4 below.
2. Report the incident to your employer.
Notify your supervisor or employer about the accident and injury as soon as possible. Ideally, you would report an injury after the incident if you’re able to. If not,Texas law gives you 30 days from the date of your accident to file this report.
If you miss the deadline and don’t report your injury or incident to your employer, you could lose eligibility for workers’ compensation benefits.
3. Document everything.
Keep records and/or evidence you have related to the incident, including:
When and where it occurred
How it may have happened
Any witnesses
Damage to the surrounding area
To document a work accident and injury, you can take pictures and videos of:
Your visible injuries
Your workplace conditions
Any involved equipment, including safety equipment
What you document could become evidence later, depending on the situation and what happens next.
4. File a workers’ compensation claim.
Your immigration status does not affect your right to file a workers’ compensation claim in Texas if you were hurt at work. These claims can yield benefits that help cover medical expenses and lost wages — and it is illegal for employers to retaliate against you for:
Asserting your rights
Filing a worker’s compensation claim
Here, it’s also essential to be aware that:
You do not have to disclose your immigration status to file a worker’s compensation claim.
It is generally against the law for insurance companies to deny workers’ compensation claims on the sole basis of immigration status.
The workers’ compensation claims process has strict deadlines and rules, along with paperwork that often must be filed with supporting documents, like medical records.
5. Do not provide extra information.
Insurance companies can request a lot when you’re seeking worker’s compensation benefits. That does not mean they need to know your immigration status or anything unrelated to the accident and your injuries.
So, do your best to:
Stick to the facts.
Avoid sharing anything “extra” with insurance companies.
Shut down probing questions that are not related to the accident and injuries associated with the claim.
If an insurance company, its doctors, or others ask about your immigration status, politely decline to answer and focus on the details of the injury. Your immigration status is irrelevant to your workplace rights, and it doesn’t hurt to remind insurance adjusters of this if they get too pushy about your status.
6. Follow doctor’s orders.
Doctors may order more testing, additional care, restricted work duties, and other restrictions as part of your treatment. Whatever your doctor’s orders look like, don’t ignore them or do your own thing. Comply with all physicians’ orders, following every last detail.
If you don’t, you could be raising the risk that the insurance company will:
Downplay your injuries.
Accuse you of exaggerating or overstating your injuries.
Terminate any approved benefits early or even deny your claim.
7. Beware of insurance company surveillance.
Workers’ compensation insurance companies may monitor you as part of their “due diligence,” hiring private investigators to:
Follow you for a few days or more.
Take photos or videos of you doing things you should not be doing, based on your injuries.
This could include digital monitoring with surveillance cameras too.
Either way, it’s another reason to stick to doctor’s orders, be weary of insurance companies, and be especially careful when you’re seeking workers’ compensation benefits.
8. Contact a work injury attorney.
Consult with a workers’ compensation attorney experienced in helping undocumented workers. A trusted bilingual lawyer can help you determine if you may be eligible for more than workers’ compensation benefits, explaining your rights, what’s next, and how to proceed. This one step can be an effective way to protect yourself before moving forward.
What to Do if Your Undocumented Loved One Was Killed in a Fatal Work Accident: 5 Steps
If your undocumented loved one suffered deadly injuries in a fatal work accident, the following may be the next best steps to take in the pursuit of justice.
1. Contact authorities immediately.
Police and workplace safety agencies, like regulators at the Occupational Safety and Health Administration (OSHA), should be notified as soon as possible. At this point, you can request an investigation to:
Determine what happened.
Hold the employer accountable for any safety violations.
2. Document the details.
Gather as much information as you can about the incident, including what occurred before, during, and after the deadly event. Key items here often include:
Witness statements
Photos and video
Employer records, communications, and policy handbooks
Medical records
While these and other pieces of evidence may uncover liability, they can also help you prove it if you pursue a wrongful death claim.
3. File for death benefits.
In Texas, families who have lost a loved one in a fatal workplace accident may be entitled to file a workers’ compensation death benefits claim, regardless of the decedent’s immigration status.
These benefits can cover funeral costs and provide financial support to the deceased’s dependents.
Like workers’ compensation benefits, securing death benefits can involve a complex process, with unforgiving deadlines, paperwork, and adjusters. That’s why Step 5 (below) can be crucial before pursuing death benefits in Texas.
4. Be guarded when dealing with insurance companies.
What you say — and do — can be used by insurance companies to deny your claim. Similarly, don’t accept a denial as the absolute last word on the matter. Insurance company adjusters do not always play “fair” or operate by the rules. So, keep your guard up around them, and move on to Step 5 below, ideally as early as you can in the process.
5. Speak to a wrongful death attorney.
A lawyer can represent your interests and:
Explain whether you have a wrongful death claim: This is different than death benefits. A wrongful death claim would be based on wrongdoing or “negligence” that contributed to the fatal accident.
Work with insurance companies on your behalf: This can come with greater peace of mind that an experienced professional is working on your behalf while providing a barrier to any antagonism that the process may rustle up.
Be your trusted ally during the process: A wrongful death attorney can fight for you, helping you pursue full, fair compensation. While money will never bring back a loved one, it can support families, especially those who have lost their main earners, during an incredibly difficult time.
4 More Important Facts for Undocumented Workers Hurt on the Job in Texas
In addition to the above, the following facts can help undocumented workers (and their families) after on-the-job accidents, injuries, and deaths in Texas.
If you are an undocumented worker in Texas:
You have the right to file a worker’s compensation claim if you are hurt while working.
You cannot be deported solely because you were hurt at work or received medical care for your work-related injuries.
You may be entitled to compensation beyond workers’ compensation benefits, depending on what happened.
You can talk to a work accident attorney to find out more and get help protecting your rights moving forward.
