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Work Injuries

I'm undocumented. Can I still recover for a work injury?

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Yes. Your right to pursue compensation for an injury in Texas does not depend on your immigration status. We handle these cases with the discretion they need, in English or Spanish.

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Yes, you have rights

If you were hurt on the job in Texas, your ability to pursue compensation does not turn on your immigration status. Texas courts have long allowed undocumented workers to bring personal injury claims. An employer who was negligent does not get a discount because of who it hired.

That includes a negligence claim against a non-subscribing employer, a third-party claim against another company on the job site, and workers' compensation benefits where the employer carries coverage.

The fear employers rely on

The most common reason these claims never get filed is not a legal obstacle. It is a threat — spoken or implied — that raising the injury will bring immigration consequences.

Employers use it because it works, and because a worker who never calls a lawyer costs them nothing. If that has happened to you, tell a lawyer. It is relevant on its own, quite apart from the injury.

What is protected when you talk to us

Your conversation with a lawyer is privileged. What you say in a consultation is confidential and stays that way, including if you decide not to hire the firm. We are not immigration authorities and we do not report to them.

Being straight with you about one issue

There is one area where status can become a live dispute: lost future earning capacity. Defendants sometimes argue that future earnings should be measured by wages in the worker's country of origin rather than U.S. wages. Courts have handled this differently, it is a contested area, and how it plays out depends on the specific facts of the case.

It is worth saying plainly because you should hear it from your lawyer rather than from the other side. It affects one component of damages. It does not affect your right to bring the case, and it does not touch your medical expenses, your lost wages to date, or your pain and suffering.

Practical steps

Report the injury and get medical care — your health record is the foundation of the claim. Keep your own copies of anything you sign. Do not accept a cash payment in exchange for signing a paper you have not had read to you in a language you understand. And talk to a lawyer before you talk yourself out of it.

Jimmy handles these cases personally and in Spanish, from the first call through resolution.

What to do

Your next steps

First

Get medical care and report the injury

Your health comes first, and the medical record is what proves the claim.

Keep

Copies of everything you sign

Never sign a document you have not had explained in a language you understand.

If threatened

Tell your lawyer

Threats about your status in response to an injury claim are relevant on their own.

Know

The consultation is confidential

Privileged, free, in Spanish, and it stays confidential even if you do not hire us.

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