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Immigrants Are Encouraged to Seek Extra Protection in a Work Injury Claim

Work Injury ClaimWorkers who are injured on the job may be at risk for a loss in wages, injury-induced poverty, and even disability. Sadly, though, the risk may be even higher for undocumented immigrants. At risk of being deported, and possibly even at risk of non-payment through the workers’ compensation system, they are encouraged to seek added protection before filing a claim. Learn where you can find this assistance and how it may help with your work injury case.

Deportation, Unpaid Expenses, and Criminal Charges

Across the country, undocumented immigrants are facing serious consequences for filing a legitimate claim. Though injured at work, their medical expenses and losses go unpaid. Some are even forced to pay back the funds the allegedly “stole.” Others face criminal charges, deportation, and may even be separated from their families.

Take, for example, the Florida man who hurt his back while on the job. He received treatment and workers’ compensation for missed time at work. Then, after his doctors proposed surgery, an investigation determined that he had been using the social security number of a deceased individual. He was arrested on fraud charges and was ultimately deported. Still crippled by back pain, he now lives in Honduras. He has not seen his three American-born sons in more than two years. He is just one of the 75 injured workers deported out of Florida, and only one of the hundreds throughout the country.

A Closer Look at the Law

Although their presence contributes to a recovering economy, the United States has a long history of mistreating undocumented immigrants. Personal injury claims, such as those filed by injured auto accident victims, were often reduced for noncitizens because they were based on the immigrant’s country of origin. California recently passed a law to protect them, but there are still loopholes in the system, such as those within the workers’ compensation system.

While all 50 states have protections for undocumented immigrants – protections that are supposed to ensure they receive compensation for legitimate injuries – many have found a way around the law. They catch immigrants on things like fraud. They deport them. They search for any and every loophole they can find to deny a worker’s claim.

Contact Our San Jose Work Injury Attorneys

Before filing a claim, it is crucial that undocumented immigrants have added protection from an experienced attorney. Corsiglia, McMahon & Allard, LLP is the firm to trust. Dedicated to your best interest and committed to ensuring you receive the compensation you deserve, our San Jose work injury attorneys will aggressively protect your rights in a work injury case. Schedule your free consultation by calling (408) 289-1417 today.

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I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
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I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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