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Undocumented workers' rights to workers' comp

By the CalCompGuide editorial team · Last updated November 2026 · How we write and check guides

Short answer

Yes, undocumented workers are covered. California's definition of employee includes workers "whether lawfully or unlawfully employed" (Labor Code §3351), and state law says immigration status is irrelevant to the protections and remedies of state labor laws (Labor Code §1171.5). You're entitled to medical care, temporary and permanent disability, and other benefits like any other worker, and your employer can't punish you for claiming them.

What you're entitled to

  • Medical treatment for the injury, paid by the employer's insurer.
  • Temporary disability payments while you can't work (two-thirds of your average wages, within limits), including pay you earned in cash, if you can show it.
  • Permanent disability if you don't fully recover.
  • Death benefits for your family if a worker dies from a job injury.

Some return-to-work benefits can be more complicated where work authorization matters. An attorney or the DWC Information & Assistance unit can explain how this applies to you.

You don't need a Social Security number to file

The DWC-1 claim form asks for a Social Security number, but a claim isn't invalid without one. Fill out the rest of the form completely, and leave the SSN blank if you don't have one. You can use an ITIN if you have one.

Many workers are paid in cash, by the day or by the job. Keep any proof of what you earned: texts about pay, photos of checks or envelopes, a notebook of days worked, coworker names. These help set your disability rate.

Retaliation and threats about immigration

It's illegal for an employer to fire you or threaten to report you to immigration authorities because you reported an injury or filed a claim. Write down any threat (date, words, witnesses) and talk to an attorney. See retaliation under LC §132a.

What if my employer has no insurance?

You can still receive benefits through the state's Uninsured Employers Benefits Trust Fund after the WCAB finds the employer was illegally uninsured. See misclassification and uninsured employers.

Getting help in your language

DWC forms and guides are available in Spanish and other languages, and DWC district offices hold injured worker workshops, including in Spanish. The DWC Information & Assistance unit offers free help at 1-800-736-7401. Many attorneys in our directory list Spanish and other languages on their State Bar profiles.

What to do next

  • Report the injury in writing within 30 days.
  • Fill out the DWC-1 (SSN can be left blank if you don't have one).
  • Keep proof of your pay and days worked.
  • Don't let threats stop you; write them down.

Sources

Official sources checked November 2026. Laws and rates change; check the source for the latest version.

Related guides

This guide is general information, not legal advice. Every case is different. For free help from the state, call the DWC Information & Assistance unit at 1-800-736-7401.