Can My Employer Report Me to USCIS if I File an Injury Claim?

One of the most common fears among undocumented workers in Texas is that their employer will report them to U.S. Citizenship and Immigration Services if they file a work injury claim. This fear is understandable, but it should not prevent you from seeking the medical treatment and compensation you are legally entitled to receive. Texas law provides strong protections for injured workers regardless of their immigration status.

3 Key Facts for Undocumented Immigrants With Work-Related Injuries

If you have been injured on the job and are concerned about your immigration status, there are three important facts you need to know:

1. Your Immigration Status Is Irrelevant to Your Work Injury Claim

Under Texas law, all employees are entitled to workers’ compensation benefits if their employer carries coverage, regardless of whether they are a U.S. citizen, permanent resident, or undocumented worker. The Texas Workers’ Compensation Act does not require proof of legal work authorization as a condition for receiving benefits. Similarly, if your employer does not carry workers’ compensation insurance, you have the right to file a personal injury lawsuit, and Texas courts will not deny your claim based on your immigration status.

2. It Is Illegal for Employers to Discriminate or Retaliate Against Employees Who Assert Their Legal Rights

Federal and Texas state laws prohibit employers from retaliating against workers who report workplace injuries or file injury claims. This includes threatening to contact immigration authorities, firing you because you filed a claim, reducing your hours, or taking any other adverse action designed to punish you for exercising your legal rights. If your employer retaliates against you in any of these ways, they may be subject to additional penalties and you may have grounds for a separate legal claim.

The Immigration Reform and Control Act specifically prohibits employers from using immigration status as a weapon against workers who report safety violations or file injury claims. Courts have consistently held that allowing employers to exploit workers’ immigration fears would undermine workplace safety for all employees.

3. Employers Do Not Always Follow the Law

Despite these legal protections, some employers do attempt to intimidate undocumented workers to prevent them from filing claims. Common tactics include threatening to call ICE, telling workers they will be deported, refusing to report the injury to their insurance carrier, or pressuring injured workers to accept a small cash payment instead of filing a formal claim.

These tactics are illegal, but they are effective when workers do not know their rights. Having an experienced attorney on your side ensures that your employer cannot use these scare tactics to deny you the compensation you deserve.

Confidentiality Protections for Undocumented Workers

When you file a workers’ compensation claim or personal injury lawsuit in Texas, your immigration status is not part of the legal proceedings. The workers’ compensation system does not require you to provide a Social Security number or proof of work authorization to receive benefits. In civil lawsuits, courts have limited the ability of defendants to inquire about a plaintiff’s immigration status because it is not relevant to the legal issues in the case and would only serve to intimidate the injured worker.

An experienced attorney will take steps to protect your personal information and ensure that your immigration status remains confidential throughout the claims process.

Free Consultations and Contingency-Fee Representation

At the Law Offices of Ronald A. Ramos, P.C., we provide free, confidential consultations for undocumented workers who have been injured on the job in San Antonio and throughout Texas. We understand the unique challenges you face and are committed to protecting both your legal rights and your privacy.

We work on a contingency fee basis, which means you pay no attorney fees unless we recover compensation on your behalf. Contact us today to discuss your case in confidence. Call (210) 308-8811.

Law Offices of Ronald A. Ramos, P.C.

1844 Lockhill Selma Rd #102
San Antonio, TX 78213
Phone: (210) 308-8811

Can My Employer Report Me to USCIS if I File an Injury Claim?