Undocumented worker rights

1. State Disability Benefits

Apply for at Employment Development Department and certified by a physician. An undocumented injured worker who has paid into the disability fund pursuant to UI Code §144 and UI Code§2626, who cannot work due to a mental or physical condition has the right to apply for state disability benefits. Ayala v. Unemployment Insurance Appeals Board (1976) 54, Cal. App.3d 676 

2.   Workers' Compensation Benefits

8 CCR 10455(e): A worker is not required to disclose their social security number to claim injury benefits. If a worker discloses their Social Security number, the number will be used solely for identification and verification purposes. Eligible for disability payments, medical treatment, and permanent disability award.  Lab. Code §1171.5(b): For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person's immigration status is irrelevant to the issue of liability…

3. Medical Treatment  via Medi-Cal

Undocumented persons may apply and qualify for non-emergency Medi-Cal if younger than 26 or older than 50 or if they are currently or recently pregnant.

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José Borrego

Abogado

(916) 446-4911

Joseborregolaw.com