Immigrants Injured At Work – California Labor Law


Thursday, March 9, 2017
6:00 pm
Luminarias Restaurant
3500 Ramona Blvd.
Monterey Park, CA 91754

For More Information Contact: Isabel Pires at (916) 267-1129

Join me next week as we discuss crossover legal issues in immigration and workers’ compensation law as related to immigrants injured at work.  We will also discuss how to properly navigate concerns that arise when a client’s immigration status affects the workers’ compensation case and vice versa.  Topics will include:

  • Immigration and Nationality Act (INA)
  • The Federal Immigration Reform and Control Act of 1986 (IRCA)
  • Form I-9 Employment & Immigration Issues
  • California Labor Code §3351: Employee means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes:  (a) Aliens and minors…
  • Labor Code 1171.5 provides, in pertinent part, as follows: all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. Further, Labor Code section 1171.5 provides that for purposes of enforcing state labor and employment laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status.
  • Labor Code sections 3733 and 4756 to ensure that regardless of their citizenship or immigration status, an injured employee is not precluded from receiving benefits under the Uninsured Employers Benefits Trust Fund or the Subsequent Injuries Benefits Trust Fund.
  • False Claim to U.S. Citizenship
  • Problems with valid SSN
  • Issues at Depositions

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