Hurt at Work and You Don't Have Papers? You Have Rights in Texas

You got hurt at work. It hurts, you can't work, and on top of it comes a fear worse than the pain: 'what if I file a claim and get deported?' That fear keeps thousands of workers silent, enduring the injury and losing their rights. We want to tell you plainly and directly: in Texas you have rights even without papers, and filing a claim for your injury does not put you at risk of deportation.

Can I file a claim if I'm undocumented?

Yes. In Texas, anyone injured by another's negligence has the right to seek compensation, regardless of immigration status. The law does not ask for papers to recognize that you were hurt and that someone was responsible. You have the same right to claim medical bills, lost wages, and the pain you've lived through as anyone else.

Can reporting the accident get me deported?

No. This is the most important part: the civil legal system —where injury claims are made— is completely separate from immigration. Filing a claim for your accident is not an immigration process and does not put you in front of immigration authorities. Reporting that you were hurt is not grounds for deportation.

My employer threatens to 'call immigration'

Some employers use fear as a weapon: 'if you file a claim, I'll call immigration.' Hear this clearly: that threat is illegal. Texas law prohibits an employer from retaliating against a worker for claiming their rights. An employer who threatens immigration to silence an injured worker commits serious misconduct that courts punish. That threat isn't a sign that he has the power — it's a sign that he knows he did something wrong and is afraid of you.

What can I claim?

Depending on your case, you can generally claim:

• Medical bills — care today and future treatment.
• Lost wages — the days and weeks you couldn't work.
• Pain and suffering — the physical and emotional impact of the injury.
• Future earning capacity — if the injury leaves lasting effects.

Many work accidents also involve a responsible third party —a contracting company, the maker of a defective machine, another driver— and there may be a claim worth more than the job itself. A lawyer reviews who else could be responsible.

Step by step if you were injured

1. 1See a doctor right away even if you think the injury is minor. Your health and your medical record come first.
2. 2Report the accident to your supervisor and keep a copy or witnesses that you reported it.
3. 3Take photos of the place, the equipment, and what caused the injury.
4. 4Keep the names of coworkers who saw what happened.
5. 5Don't sign anything given to you at work or by an insurer without advice.
6. 6Talk to a lawyer — the consultation is free and your status is confidential.

You're not alone

We know taking the first step is scary. That's why we say it plainly: you have rights, your status is protected, and filing a claim does not deport you. With more than 30 years of experience in Texas courts, Ruiz & Associates helps Hispanic workers get back on their feet after an accident. We're bilingual, we answer personally, and we serve Eagle Pass, Maverick County, San Antonio, and all of Texas. We work on contingency: you pay nothing unless we win your case.