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What Is California Labor Code §3351: Workers' Comp for Every Worker Regardless of Immigration Status?
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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
"Employee" means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes: (a) Aliens and minors. (b) All elected and appointed paid public officers.
What does Labor Code 3351 do for undocumented workers?
Labor Code 3351 defines employee to include every worker regardless of immigration status. An undocumented California worker is entitled to the same comp benefits as any documented employee. The law gives no employer a status-based defense.
Labor Code 3351 is California's employee-definition rule. It covers every worker whose injury arises from employment. An undocumented worker gets the same benefits as any other California employee. Medical care, wage replacement, and settlement rights are all equal. Yazdchi Law handles Labor Code 3351 cases throughout Greater Los Angeles.
How does Labor Code 3351 interact with the no-fault rule?
Labor Code 3351 works alongside the Labor Code 3600 no-fault rule. Once the injury is industrial and the worker is an employee, coverage attaches regardless of immigration status.
Labor Code 3351 defines who is an employee. Labor Code 3600 provides benefits for any injury arising from employment. These two statutes give every undocumented worker the same no-fault rights. The employer cannot claim a status-based defense.
Does Labor Code 3351 protect against immigration-status retaliation?
An employer cannot use immigration status as a weapon against a comp claimant. Labor Code 244 separately bars employers from threatening to report a worker for exercising any labor right, including filing a comp claim.
Labor Code 3351 confirms coverage. Labor Code 244 bars an employer from threatening immigration reporting. That threat is a dual violation. Labor Code 132a also applies. Remedies include reinstatement, back wages, and a $10,000 comp increase.
What benefits does an undocumented California worker receive?
Under Labor Code 3351, an undocumented injured worker receives the full benefit stack: medical care, temporary disability, permanent disability, and the SJDB retraining voucher, the same as any documented employee.
Medical treatment is covered under Labor Code 4600. Temporary disability is paid at two-thirds of earnings under Labor Code 4653. Permanent disability is rated under Labor Code 4660. The SJDB voucher under Labor Code 4658.7 pays up to $6,000 for retraining. The rate is based on actual earnings. Immigration status does not affect it.
Does Labor Code 3351 extend the right to an interpreter?
Yes. Under Labor Code 5811, a non-English-speaking injured worker has the right to a qualified interpreter at WCAB hearings, depositions, and medical-legal exams, regardless of immigration status.
The interpreter right flows from Labor Code 5811. The cost is charged to the defendant. Labor Code 3351 and Labor Code 5811 work together. Every worker has the right to full participation. Language is not a barrier. Lea esta pagina en espanol: la cobertura de trabajadores indocumentados bajo el Labor Code 3351.
Injured at work? Call (661) 273-1780
Tap to call →Eman Yazdchi is a Certified Specialist in workers' compensation law, certified by the California Board of Legal Specialization, State Bar of California. Yazdchi Law serves injured workers throughout Greater Los Angeles. We appear at the WCAB in Van Nuys, Los Angeles, Long Beach, Pomona, San Bernardino, Riverside, and Oxnard. Call (661) 273-1780 for a free case review.
Frequently Asked Questions
Can an undocumented California worker file a workers' comp claim?
Yes. Under Labor Code 3351, workers' comp coverage extends to every worker regardless of immigration status. The California Supreme Court confirmed this in Reyes v. Van Elk Ltd. in 2007. An undocumented worker injured on the job has the same right to file a DWC-1, receive medical treatment, and receive indemnity as any documented employee.
Can a California employer report an undocumented worker to immigration after a claim?
No. Under Labor Code 244, a California employer may not threaten to report a worker to immigration authorities as retaliation for exercising labor rights, including filing a comp claim. Labor Code 132a provides additional remedies including reinstatement and a $10,000 penalty increase in compensation. Both statutes protect every worker regardless of status.
Does the indemnity rate change if the worker is undocumented?
No. The indemnity rate is based on the worker's actual earnings, not immigration status. Temporary disability equals two-thirds of average weekly earnings under Labor Code 4653. Permanent disability is rated under Labor Code 4660 using the AMA Guides. An undocumented worker with higher earnings receives higher indemnity, just like a documented worker.
Does Labor Code 3351 cover farm workers and day laborers?
Yes. Labor Code 3351 reaches every California employee whose injury arises from employment. This includes farm workers, day laborers, and most workers properly classified as employees. The classification question is separately controlled by the Labor Code 2775 ABC test. Once classified as employees, Labor Code 3351 extends full comp coverage regardless of immigration status.
Does an undocumented worker have the right to a Spanish interpreter at the WCAB?
Yes. Under Labor Code 5811, every non-English-speaking injured worker has the right to a qualified interpreter at WCAB hearings, depositions, and medical-legal exams. The cost is charged to the defendant. That right is independent of immigration status and complements the Labor Code 3351 equal-coverage rule.
Last reviewed by Eman Yazdchi, Esq., July 2026.
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