At Maison Law, we believe in a safe workplace and the best working conditions possible so that employees are protected from harm. For employees who have been exposed to silica dust and silica products in the workplace, there are options when a resulting lung condition such as silicosis results. With regulations in place to protect employees from silicosis, there is no excuse for manufacturers and workplaces to continue risking the lives of workers across California.
It can be overwhelming to receive a silicosis or another lung disease diagnosis after working around silica dust for months or years. Your workplace is obligated to protect you from injury and illness. You may wonder if you have rights and options moving forward with a claim even if you are not an official U.S. citizen. If you have sustained harm in the workplace, contact a skilled California Silicosis Injury Lawyer for a no-obligation consultation to find out how you can file a claim.
Filing a Silicosis Claim as an Undocumented Immigrant in California
Undocumented immigrants who have been harmed by silica dust and silica products may be concerned about whether or not they are eligible to bring a claim. They may be concerned about facing the legal system and retaliation in the workplace, which is entirely understandable. However, undocumented immigrants need to know that there are options available for them.
Even if you are somebody who is here in the U.S. illegally, you have virtually the same rights as a lawful permanent resident or U.S. citizen when you move forward with a personal injury claim. The 14th Amendment of the Constitution states that all people have legal rights, even those who are undocumented.
California Evidence Code Section 351.2
Under California Evidence Code section 351.2, an individual’s immigration status is inadmissible when it comes to bringing a civil action or a wrongful death lawsuit. This means that a person’s immigration status cannot be shown as evidence against them when they bring a personal injury claim against a manufacturer or employer following a silicosis or other lung disease-related injury. An undocumented person is still able to obtain damages for aspects like medical bills, lost income, pain and suffering, and more that regularly result from a personal injury claim.
Fear of Retaliation in the Workplace Following a Personal Injury Claim
If you are an undocumented worker or illegal immigrant and you wish to bring a personal injury claim due to silicosis or another lung disease you sustained in the workplace, you may be concerned about retaliation. Employers sometimes make claims that they will contact immigration or law enforcement if you bring a personal injury claim. However, you have rights and should not have to fear an employer taking action against you or making you fearful for your rights or quality of life in any way.
If you have fear of deportation due to a negligent employer threatening to take action against you in the midst of a legal claim, you have options. Speaking with a legal advocate can help you protect your rights against an employer or manufacturer during these challenging times.
Contact a California Lung Injury Lawyer Today
No matter the circumstances of your claim and the details surrounding your status as a U.S. citizen, you have rights and options. Pursuing a personal injury claim is something that you can do any time another party’s negligence has caused you harm. You should never let your citizenship deter you from bringing a claim for support that you need.
At Maison Law, our California Silicosis Injury Lawyers offer you a completely free and confidential case consultation. We will answer any questions that you have and provide you with the resources that you need. Contact us to find out what the best course of action is for you today.
