Can I File a Workplace Accident Claim as a Non-U.S. Citizen?

If you are hurt at work, you have the right to file a workplace accident claim. This is true whether you are a citizen of the United States or not. California is home to many individuals who immigrate to the United States. In 2014, approximately 13 percent of California's residents were not citizens of this country. Whether an individual is a green card holder (also known as a lawful permanent resident), in the country on a temporary work or student visa, or is here without documentation, he or she can seek compensation for damages sustained in a workplace accident. Do not allow your employer or any other party involved in your accident to tell you otherwise – know your rights and know that you do not have to suffer financially if you are injured because of another party's negligence.

Through a workplace accident claim, the claimant can seek compensation for the following damages:

• His or her medical bills;
• Lost wages due to taking time to recover; and
• Pain and suffering, which covers miscellaneous expenses like over-the-counter pain medication and the use of a mobility aid.

Dollar amounts for the first and third categories of this list are relatively simple to determine. For both, the claimant must provide documentation showing what his or her medical treatment and related needs cost.

Damages in the second category can be more difficult to determine, especially if the claimant is facing a long-term or permanent disability that prevents him or her from working in the future. In cases like this, the claimant's projected future earnings are determined by looking at his or her current earnings, where he or she is in his or her career, and the potential path his or her career could take. For individuals who are not legally permitted to work in the United States, determining an appropriate compensation amount for their lost future earnings in United States dollars can be nearly impossible without competent legal assistance. Talk with your lawyer about determining these damages versus the other types of damages you may seek through a workplace accident claim. You might not be able to seek compensation for lost future wages, but do not allow this to discourage you from doing your research and filing a workplace accident claim if you are entitled to do so.

If you have been injured on the job, consider seeking compensation for your damages through a workplace accident claim. To get started on your claim, contact our team of experienced San Jose workplace accident lawyers at Corsiglia, McMahon, & Allard, L.L.P today. We can answer your questions about the workplace accident claim process and help you seek the money you deserve by representing your claim and negotiating on your behalf. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

• Population Distribution by Citizenship Status