“Eman by far exceeds the basic requirements other lawyers give to clients and surpasses all expectations.”
Briana Norman
✦ Certified Specialist in Workers’ Compensation Law — Certified by the State Bar of California, Board of Legal Specialization ✦
Serving injured workers across California. Board-certified specialist; no fee unless we win.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, Labor Code §3351 extends workers' compensation coverage to every worker regardless of immigration status. Documented and undocumented California workers have the same right to medical care, indemnity, and settlement valuation. Yazdchi Law, a Certified Specialist in Workers' Compensation Law firm, handles California claims for undocumented workers statewide. Request a free case review.
Under California Labor Code §3351, California workers' compensation coverage extends to every worker whose injury arises out of and in the course of employment, regardless of immigration status. The California Supreme Court confirmed the rule in Reyes v. Van Elk Ltd. (2007). An undocumented injured worker is entitled to the same medical treatment under California Labor Code §4600, temporary disability under California Labor Code §4653, permanent disability under California Labor Code §4660, and settlement rights as any other California employee. For the statewide framework, see California undocumented-worker rights pillar.
California Labor Code §3351 defines who is an employee for California workers' compensation purposes; California Labor Code §3600 establishes that benefits are owed for any injury arising out of and in the course of employment, without proving employer fault. Together, the statutes mean an undocumented California worker hurt on the job has the same no-fault entitlement to benefits as a documented worker. The employer cannot defend a claim by raising immigration status. Related coverage: California workers' comp retaliation pillar.
California Labor Code §3351 establishes coverage; California Labor Code §244 separately bars an employer from using a worker's immigration status as retaliation for exercising labor rights, including filing a workers' compensation claim. Section 244 makes it unlawful to threaten to report a worker to immigration authorities or to use status in connection with any adverse employment action. California Labor Code §132a adds remedies for retaliatory firing — reinstatement, back wages, a $10,000 increase in compensation, and costs up to $250. Related coverage: California Labor Code §132a (workers' comp retaliation remedies).
Under California Labor Code §3351 and the statutes that apply to every California employee, an undocumented injured worker is entitled to medical treatment under California Labor Code §4600; temporary total disability at two-thirds of average weekly earnings under California Labor Code §4653; permanent disability indemnity rated under the AMA Guides 5th Edition and California Labor Code §4660; future medical care; and a Supplemental Job Displacement Benefit voucher of up to $6,000 under California Labor Code §4658.7. The voucher requires attendance at a state-approved training program. Statute deep-dive: California Labor Code §5811 (interpreter rights at WCAB).
Yes — although the right is provided by a separate California statute. Under California Labor Code §5811, an injured worker has the right to a qualified interpreter at all WCAB hearings, depositions, and medical-legal examinations. The cost of the interpreter is a litigation expense charged to the defendant. The §5811 right applies independently of immigration status and complements the §3351 coverage rule, ensuring full participation in the workers' compensation process. Lea esta página en español: la cobertura de trabajadores indocumentados bajo el §3351 (versión en español).
Injured at work? Call (661) 273-1780
Tap to call →Last reviewed by Eman Yazdchi, Esq., May 2026.
Ready to discuss your case? Schedule a free consultation.
Schedule Free ConsultationRead more testimonials →“Eman by far exceeds the basic requirements other lawyers give to clients and surpasses all expectations.”