Did you know that in California, Latinos are less likely to file workers’ compensation* claims, yet have the highest rates of work-related injuries? They are also less likely to seek medical attention, have less access to medical facilities, and face the highest percentage of retaliation at work.
Undocumented workforce, in particular, suffer the most for fear of losing their jobs or facing negative reaction from their employers when they are hurt on the job.
Attorneys from the Bakersfield-based personal injury and workers’ compensation law firm Chain | Cohn | Stiles have been speaking out about the rights of all injured workers in California — documented and undocumented. The message: It’s vital for lawmakers in California to implement laws that continue to strengthen the rights and protections of all its workers, including undocumented immigrants.
“Latinos are the lifeblood of many industries in California, particularly in the Central Valley, and contribute tremendously to our nation’s economy,” said Beatriz Trejo, workers’ compensation attorney with Chain | Cohn | Stiles. “They deserve equal protection under law.”
Trejo served as the moderator for a recent California Applicants’ Attorney Association (CAAA), Latino Caucus, symposium that aimed to educate on the issues affecting Latino workers in California. Trejo is the president for the Bakersfield Chapter of CAAA.
The symposium focused on these alarming statistics: Latinos account for 59.4 percent of all workplace injuries and 37.8 percent of all workplace deaths. They experience a higher rate of injuries in California because of their employment industries — agriculture, warehouse and packing, food processing plants, or truck driving to name a few.
Workers’ compensation claims are less reported among undocumented immigrants because their immigration status is used as a weapon of intimidation. Despite the passage of strong labor laws, they are rarely enforced, according to coverage from Vida en el Valle, a publication that covers news from the Latino community in the Central Valley.
Because of these concerns, Trejo has been speaking at various “community town hall” meetings throughout Kern County, including Lamont, Arvin, Delano, Taft and Bakersfield. They are hosted by the Immigration Justice Collaborative, a group of volunteer attorneys who aim to educate undocumented residents in Kern County on their basic legal rights.
During the town hall meetings, Trejo gives a brief description of the rights of injured workers under the California Labor Code, and meets briefly with those with additional questions. Under Labor Code §1019: “It is unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under this code or by any local ordinance applicable to employees.”
And under Labor Code §98.6, “No person shall discharge an employee or in any manner discriminate against any employee or applicant for employment” for filing work injury claims, for example.
Seventy-nine percent of the nation’s undocumented immigrants are Latino with 2.4 million (22 percent) residing in California alone. In California’s workforce, it’s estimated that about one in ten workers is undocumented.
“It’s critical to continue to help Latino and undocumented workers with their work injury claims, to make sure they are fairly compensated and make sure their rights are protected,” Trejo said.
Seventy-nine percent of the nation’s undocumented immigrants are Latino with 2.4 million (22 percent) residing in California alone, according to Vida en el Valle. In California, it’s estimated that about one in 10 workers are undocumented.
- Lamont attorneys holding community town hall on immigration laws (KERO-23, ABC – Jan. 18, 2017)
- Immigration showdown begins locally (The Bakersfield Californian – Jan. 29, 2017)
- Undocumented and Latino immigrants injured more, file less workers’ compensation claims (Vida en el Valle – Feb. 15, 2017)
- Todos tienen derechos: Abogados clarifican temas de inmigración (El Popular – Feb. 24. 2017)
- CSUB holds immigration forum to educate students (The Runner – March 5, 2017)