What happens, however, if you’re an immigrant and you get hurt on the job? Can you be denied workers’ compensation because you aren’t a citizen or are undocumented?
California law says that immigration status is not a factor in worker’s compensation claims, even when an injured worker is undocumented. In fact, injured workers are entitled to benefits even when they are temporary, seasonal or part-time – regardless of their legal status with the federal government.
You can, however, be denied workers’ compensation benefits if your employer considers you an independent contractor instead of an employee. Independent contractors are typically in business for themselves, and they do not receive the same benefits as employees. Unfortunately, many employers will accidentally or purposefully misclassify their workers as independent contractors. Many of those workers do not realize what it means to be misclassified until they’re injured and find themselves without recourse for medical care or replacement income.
If you’re an immigrant who was hurt on the job and your employer is telling you that you’re out of luck because you’re not a citizen, undocumented or an independent contractor, you may want to explore your options. With the right legal guidance, you can fight for what you’re due.
]]>This has become more common in recent years. In one study, for example, the data demonstrated that it was five times as likely that a nurse or a healthcare worker would be harmed through workplace violence when compared to employees in other professions. Why is it that nurses in particular are subjected to violence so often?
One potential reason is just that the situation itself is stressful. Maybe that patient is dealing with serious health complications. They may be taking medications that impact their mood. They’re experiencing chronic stress while they are in the medical institution. As soon as anything goes wrong, they simply may be more likely to react in a violent and aggressive manner. This doesn’t make it the right decision, of course, but it helps to show how stress can create a violent environment.
Additionally, some patients may not fully trust healthcare professionals. Perhaps they have read misinformation online, so they don’t really understand the necessary treatments or medications. A nurse or a doctor may simply be trying to convince the patient to accept the treatments that will be most beneficial to them, but a patient who has read online misinformation may not agree and could become violent as a result.
No matter why it happens, though, nurses need to be aware of the risks they face on the job and their legal options if they suffer injuries.
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