Legal Rights of Undocumented Workers After a Workplace Injury in Arizona (2025)

A workplace injury can create unique challenges, especially for undocumented workers who may fear retaliation if they apply for workers comp benefits. These workers should understand the legal rights of undocumented workers after a workplace injury in Arizona.

Workers Compensation Rights for Undocumented Workers in Arizona

State law guarantees that undocumented workers are entitled to workers compensation benefits if they are hurt at work. Under A.R.S. § 23-901, all employees are covered by workers compensation insurance that is provided by their employer. This means that undocumented workers at Sundt Construction, Shamrock Foods, Asarco, and elsewhere can apply for benefits that can cover medical treatments and wage replacement following a work-related injury.

Although the state law is clear on this matter, some employers or insurance companies may try to deny claims based on the worker’s immigration status. A worker’s status as an undocumented employee does not affect their right to receive medical care at Northwest Medical Center or elsewhere with the help of workers comp benefits. In many cases, workers may need to secure legal representation to ensure their rights are not violated.

Employer Retaliation Against Undocumented Workers in Arizona

Many undocumented workers fear reporting a workplace injury due to the risk of employer retaliation. Arizona law prohibits employers from firing workers because they apply for benefits. Employers are also prohibited from reporting workers to immigration authorities because the worker filed for benefits under workers comp.

In short, employers at companies such as Raytheon, TEP (Tucson Electric Power), and Fry’s Food Stores cannot legally terminate an employee or take adverse action against them because they sought medical care after an on-the-job injury and requested that the treatment be covered through workers comp.

Unfortunately, these employee laws do not always stop business owners and insurance carriers from using intimidation tactics to discourage undocumented workers from filing legitimate claims. Anyone who has their rights violated by an employer can hire an attorney to hold the employer accountable for breaking the law.

Medical Care Options for Undocumented Workers After a Workplace Injury

Undocumented workers in Arizona have the right to medical treatment for work-related injuries, even if they do not have health insurance. Workers injured at Amazon fulfillment centers, Caterpillar, or Republic Services can receive care through their employer’s workers compensation insurance, which covers necessary medical expenses, including emergency treatment, surgery, and rehabilitation.

Seeking medical attention quickly at Yuma Regional Medical Center, Banner–University Medical Center Phoenix, Carondelet St. Joseph’s Hospital, or elsewhere can help you heal and create a paper trail of evidence that creates a record of the injury.

How a Lawyer Can Help Injured Undocumented Workers in Arizona

Undocumented workers who are injured on the job face unique challenges when pursuing workers compensation benefits. Insurance companies and employers often take advantage of their worker’s undocumented status to pressure them into not seeking benefits or accepting unfair settlements.

Whether you work at Bimbo Bakeries, Circle K, The University of Arizona, or elsewhere, you have the right to receive fair compensation for medical bills, lost wages, and ongoing rehabilitation. A lawyer can help you with any workplace violation, including being misidentified as an independent contractor when you work as an employee.

FAQs

What Rights Do Undocumented Immigrants Have in the Workplace?

Undocumented workers have the right to fair wages, workplace safety, and protection from discrimination. Employers cannot withhold pay, force unsafe conditions, or retaliate against workers for reporting violations.

However, certain benefits, like unemployment insurance, may not be available. Wage and labor laws protect all employees, regardless of immigration status. If an employer violates these rights, workers may seek legal action to recover lost wages or damages.

Can an Undocumented Immigrant Take Legal Action Against an Employer?

Yes, undocumented workers can file claims for unpaid wages, discrimination, harassment, and unsafe work conditions. Immigration status does not prevent someone from reporting labor law violations.

However, certain employment-related remedies, such as reinstatement after wrongful termination, may be limited. Consulting an attorney can help determine the ideal course of action. Retaliation for filing a claim is illegal, and workers have protections under federal and state labor laws.

Are Undocumented Workers Protected from Employment Law Violations?

Yes, undocumented workers are protected by minimum wage laws, workplace safety regulations, and anti-discrimination policies. Employers must provide a safe work environment, fair compensation, and protections against harassment.

Undocumented workers may not qualify for benefits such as unemployment insurance or workers’ compensation in certain states. While protections exist, the ability to file claims and receive compensation may depend on state laws and the type of employment.

Can Undocumented Immigrants File Personal Injury Claims?

Yes, undocumented individuals can pursue compensation for injuries caused by negligence, such as workplace accidents or car crashes. Immigration status does not prevent someone from filing a personal injury claim. Victims may recover damages for medical expenses, lost wages, and pain and suffering. Courts focus on the injury and liability, not the individual’s legal status.

Can an Undocumented Worker Receive Workers Compensation in Arizona?

Yes, undocumented workers in Arizona are entitled to workers compensation benefits if they suffer a work-related injury. By state law, which defines employees broadly, anyone who works for a company is considered a worker and has the right to receive benefits through workers comp. This doesn’t stop some employers from trying to intimidate their employees, and the state law doesn’t prevent some insurance companies from acting in bad faith.

Schedule Your Undocumented Workplace Injury Consultation Today

Undocumented workers in Arizona contribute to our economy, culture, and way of life. These important members of our community have important legal protections that bar employers and workers compensation providers from denying them the right to receive benefits under the state’s workers compensation program.

If your employer or insurance provider denied your claim or tried to intimidate you, legal help is available when you reach out to Arizona Injury Law Group. Our legal team can help you navigate the claims process while protecting your rights. Contact our office today to schedule your confidential consultation.