In 2024, a worker in the United States died from a job-related injury every 104 minutes. Among those, Hispanic and Latino workers faced the highest fatality rate of any group — for the eighth consecutive year — at 4.3 deaths per 100,000 full-time workers, according to the Bureau of Labor Statistics. Of those 1,229 Latino workers who lost their lives on the job that year, nearly 69% were foreign-born.
Behind every number is someone who went to work expecting to come home. Workers’ compensation benefits include death benefits, which provide financial support to the dependents of employees who die from work-related injuries, covering funeral and burial expenses. A roofer in Houston. A warehouse worker in Los Angeles. A construction laborer in Chicago. Many of them didn’t know they had rights. Some were afraid to ask. Others were told — by their own employers — that they weren’t eligible for help.
This article is for them, and for you, if you’ve been hurt at work and don’t know where to start.
You Have Rights — No Matter Your Immigration Status
This is the most important thing to understand, and the reason many workers never file a claim: in many states, workers’ compensation benefits are available to employees regardless of immigration status, though eligibility rules and procedures can vary by state.
Workers’ compensation is governed primarily by state law, which determines eligibility, coverage, and filing rules. In many states, including California, New York, Illinois, and Texas, undocumented workers may qualify for workers’ compensation benefits such as medical care and partial wage replacement. Texas is unusual, however, because many private employers are not required to carry workers’ compensation coverage.
In many states, an employer cannot lawfully deny workers’ compensation benefits based only on immigration status, and threats or retaliation tied to a workplace injury report may violate state or federal law. In New York, for example, immigration-related threats in the workplace may create additional legal issues under state law.
The reality, however, is that fear keeps many workers silent. Federal estimates have found that roughly 11 million unauthorized immigrants were living in the United States in recent years, but that figure refers to the total resident population, not only workers. Other research has estimated that millions of undocumented immigrants participate in the U.S. labor force, especially in high-risk industries. Many of them work in the industries with the highest injury rates — construction, agriculture, meatpacking, warehousing — and are the least likely to report an injury.
If you were hurt on the job, your right to benefits depends on your status as a worker, not on your citizenship. However, federal employees are covered by a separate workers’ compensation program provided by the federal government, not by state laws.
Workers’ compensation benefits are generally available to many employees, including full-time, part-time, and minor workers, but eligibility depends on state law, job classification, and whether the employer is required to carry coverage. Some workers — such as independent contractors, some agricultural workers, domestic workers, or certain temporary workers — may be excluded under state law.
What Is Workers’ Compensation?
Workers’ compensation is a state-based insurance system that many employers are required to carry, although the rules vary by state and Texas is a notable exception for many private employers. This workers’ compensation insurance provides benefits to injured employees, covering two essential things when you get injured or sick because of your job: your medical treatment and a portion of your lost wages while you recover.
You don’t pay into it. Your employer covers the full cost. The costs of workers’ compensation insurance are influenced by factors such as the company’s safety record and the type of work performed. Workers’ compensation is generally a no-fault system. In many cases, benefits may be available even if no one intended to cause the injury, as long as the injury arose out of and in the course of employment. Workers’ compensation coverage is also a no-fault system — it doesn’t matter whether the accident was your fault, a coworker’s, or your employer’s. If it happened while you were performing your job duties, you’re generally covered, including medical care and wage replacement.
Why Latino Workers Face Greater Risk
The data tells a clear story. Latino workers are overrepresented in the most dangerous industries in the country. According to BLS data, more than a third of construction workers in the U.S. are Hispanic, and Latinos make up over 55% of the nation’s roofers — the occupation with the highest fatality rate in construction.
Several factors compound this risk. Many Latino workers — particularly those who are foreign-born — work for small companies that often have fewer safety protections. Language barriers can prevent workers from fully understanding safety training or reporting hazards. And fear of retaliation or immigration consequences keeps many from speaking up when conditions are unsafe.
In California alone, Hispanic and Latino workers accounted for 51% of all fatal workplace injuries in 2024, despite making up a smaller share of the overall workforce.
These numbers make it even more critical that Latino workers understand what workers’ comp covers, how to file a claim, and what protections they have under the law.
What Types of Injuries Are Covered?
Workers’ compensation may cover many injuries or illnesses that arise out of and in the course of employment, as long as they meet the requirements of the applicable state law. This includes both work injuries and any work-related injury, whether it happens suddenly — like a fall from a ladder — or develops gradually over time — like chronic back pain from heavy lifting. To qualify for workers’ compensation benefits, the injury must be work-related, and employees injured must report it promptly and file a formal claim.
Common covered injuries include cuts and lacerations, sprains and muscle tears, broken bones, repetitive motion injuries like carpal tunnel syndrome, crushed or amputated body parts, respiratory problems from exposure to dust, chemicals, or fumes, hearing loss from prolonged noise exposure, heat-related illnesses, and occupational disease. Injured employees suffering from occupational diseases—such as illnesses caused by long-term exposure to hazardous substances—are also eligible for benefits.
In some states, mental health conditions such as PTSD, anxiety, or depression may qualify for benefits, especially when tied to a specific traumatic workplace event or accompanied by a physical injury. The rules vary significantly by state.
Workers’ compensation also covers permanent partial disability, which refers to lasting impairment that limits an employee’s ability to work but does not completely prevent employment, and permanent total disability, which means the injured employee is unable to return to any form of employment due to the severity of the work injury or occupational disease.
How Much Does Workers’ Comp Pay?
In many states, wage-replacement benefits are based on a percentage of the worker’s average weekly wage, often around two-thirds, but the exact formula, waiting period, and maximum weekly amount vary by state.
For example, if your average weekly wage is $900 and your state pays 66%, your benefit would be around $594 per week. Some states may pay more or less depending on their formula.
Keep in mind that workers’ compensation benefits are generally not taxable under federal law, although exceptions can apply in some situations, such as when workers’ compensation affects Social Security disability benefits.
What to Do After a Workplace Injury
If you’ve been hurt at work, take these steps to protect your health and your rights:
Seek medical attention immediately. Your health is the priority. If you go to an emergency room, let them know the injury is work-related so it’s billed correctly. Medical benefits under workers’ compensation benefits typically cover hospital bills, emergency visits, doctor appointments, prescription medications, diagnostic tests, treatments, procedures, surgeries, medical equipment, and physical therapy. Keep records of every medical visit, diagnosis, and treatment.
Notify your employer in writing. You should report a workplace injury to your employer as soon as possible. Notice deadlines vary by state, and some states require notice within a matter of days while others allow longer. Report it in writing and keep a dated copy. If your employer tries to discourage you from reporting, that itself may be a violation of the law.
File a workers’ compensation claim. After reporting the injury, you must file a workers’ compensation claim with the appropriate insurance provider, which may involve providing details about the incident and medical records related to your injury. Each state sets its own deadline for filing a workers’ compensation claim, and those deadlines can vary widely depending on the type of injury, the date of discovery, and other facts. If your employer refuses to file, find your state’s filing deadline and submit it yourself. Don’t wait — missing the deadline can disqualify you from receiving benefits.
Follow your doctor’s treatment plan. If your claim is accepted, workers’ compensation insurance may cover authorized medical care and, after any applicable waiting period under state law, wage-replacement benefits may begin. Your doctor will outline what work, if any, you can do during recovery. Rehabilitation benefits may cover physical or vocational rehabilitation programs to help you return to work, and these benefits can vary by state.
Document everything. Keep copies of medical records, employer communications, claim paperwork, and any evidence related to your injury. Documentation is important for any workers’ compensation case, especially if there is a dispute or appeal. Thorough records help support your claim for medical expenses and other benefits.
What If Your Employer Retaliates?
Employers may not lawfully retaliate against workers for reporting workplace injuries or pursuing legal rights, but the scope of those protections and the claims available can vary by state. If you believe you were punished for reporting an injury, document what happened and seek legal advice.
If your employer retaliates, document what happened — dates, times, witnesses, what was said — and consult with an attorney. You may have additional legal claims beyond workers compensation.
Many Latino workers fear that filing a claim will put their job or their family at risk. But staying silent after an injury often leads to worse outcomes: unpaid medical bills, worsening conditions, lost income, and no legal recourse.
What If Your Claim Is Denied?
Insurance companies deny claims for many reasons — they may argue the injury isn’t work-related, that you didn’t report it on time, or that the treatment isn’t medically necessary. A denial is not the end.
You usually have the right to challenge or appeal a denial, but the process, deadline, and likelihood of success depend on state law and the facts of your case. But every state has a deadline for appeals, so it’s important to act quickly.
When to Talk to a Lawyer
Not every workers’ comp case requires a lawyer, but there are situations where legal help is critical. These include when your employer denies the injury happened at work, when the insurance company denies or delays your benefits, when your benefit amount seems too low, when you’re pressured to return to work before you’re ready, when you’ve been offered a settlement and aren’t sure if it’s fair, and when your injury results in permanent limitations or disability. Attorneys experienced in workers’ compensation law can help secure your benefits and resolve disputes with employers or insurance companies.
Many workers’ compensation attorneys work on a contingency or fee-approved basis, but fee arrangements vary by state and may be subject to court or agency approval.
Los Defensores Can Help
If you’ve been injured at work, you don’t have to figure this out alone — and you don’t have to be afraid.
Los Defensores can connect you with independent workers’ compensation attorneys who offer a free, confidential initial consultation in both Spanish and English. The attorneys in the Los Defensores network understand the challenges faced by Latino workers and are available 24 hours a day, 7 days a week to help you understand your rights and take the next step.
Your immigration status does not eliminate workplace safety protections. Whether you qualify for workers’ compensation benefits usually depends on state law, your employment status, your employer’s coverage, and whether the injury is considered work-related.
Call Los Defensores today or visit losdefensores.com to get started.
This article is for informational purposes only and does not constitute legal advice. Workers’ compensation laws vary by state, and some states may have different rules regarding coverage for undocumented workers. For guidance specific to your situation, consult with a qualified attorney.
Sources: U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries 2024; Survey of Occupational Injuries and Illnesses 2024; National Safety Council, Injury Facts; Legal Aid at Work; U.S. Department of Homeland Security.