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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 California Labor Code §3351 actually do for undocumented workers?
Section 3351 defines employee to include every worker whose injury arises from employment, regardless of immigration or documentation status under California law.
Section 3351 is California's employee-definition rule, and it expressly covers every worker whose injury arises from employment regardless of immigration status. An undocumented worker is entitled to the same medical care, wage replacement, permanent disability rating, and retraining voucher as any documented worker. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) handles undocumented-worker workers' compensation files and aggressively enforces the section 3351 equal-coverage rule.
Under California Labor Code §3351, California workers' compensation coverage extends to every worker whose injury arises out of and in the course of employment, regardless of immigration status. The California Supreme Court confirmed the rule in Reyes v. Van Elk Ltd. (2007). An undocumented injured worker is entitled to the same medical treatment under California Labor Code §4600, California's medical-treatment duty, temporary disability under California Labor Code §4653, two-thirds-of-pre-injury-wage TD, permanent disability under California Labor Code §4660, the PD rating from Whole Person Impairment, and settlement rights as any other California employee. For the statewide framework, see California undocumented-worker rights pillar.
How does §3351 interact with the no-fault rule under §3600?
Section 3351 works alongside the section 3600 no-fault rule: once the injury is industrial and the worker is an employee, coverage attaches regardless of status.
California Labor Code §3351 defines who is an employee for California workers' compensation purposes; California Labor Code §3600 establishes that benefits are owed for any injury arising out of and in the course of employment, without proving employer fault. Together, the statutes mean an undocumented California worker hurt on the job has the same no-fault entitlement to benefits as a documented worker. The employer cannot defend a claim by raising immigration status. Related coverage: California workers' comp retaliation pillar.
Does §3351 protect against immigration-status retaliation?
An employer cannot use immigration status as a defense to a workers' comp claim, the California Supreme Court confirmed full protection in Reyes v. Van Elk.
California Labor Code §3351 establishes coverage; California Labor Code §244 separately bars an employer from using a worker's immigration status as retaliation for exercising labor rights, including filing a workers' compensation claim. Section 244 makes it unlawful to threaten to report a worker to immigration authorities or to use status in connection with any adverse employment action. California Labor Code §132a adds remedies for retaliatory firing, reinstatement, back wages, a $10,000 increase in compensation, and costs up to $250. Related coverage: California Labor Code §132a (workers' comp retaliation remedies).
What benefits is an undocumented California injured worker entitled to under §3351?
An undocumented California injured worker is entitled to medical care, temporary disability, permanent disability, and the retraining voucher, the full benefit stack.
Under California Labor Code §3351 and the statutes that apply to every California employee, an undocumented injured worker is entitled to medical treatment under California Labor Code §4600; temporary total disability at two-thirds of average weekly earnings under California Labor Code §4653; permanent disability indemnity rated under the AMA Guides 5th Edition and California Labor Code §4660; future medical care; and a Supplemental Job Displacement Benefit voucher of up to $6,000 under California Labor Code §4658.7. The voucher requires attendance at a state-approved training program. Statute deep-dive: California Labor Code §5811 (interpreter rights at WCAB).
Does §3351 give an undocumented California worker the right to a Spanish interpreter?
Section 3351 also extends the section 5811 right to a qualified Spanish-language or other-language interpreter at WCAB hearings, depositions, and medical-legal exams.
Yes, although the right is provided by a separate California statute. Under California Labor Code §5811, an injured worker has the right to a qualified interpreter at all WCAB hearings, depositions, and medical-legal examinations. The cost of the interpreter is a litigation expense charged to the defendant. The §5811 right applies independently of immigration status and complements the §3351 coverage rule, ensuring full participation in the workers' compensation process. Lea esta página en español: la cobertura de trabajadores indocumentados bajo el §3351 (versión en español).
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Tap to call →Frequently Asked Questions
Can an undocumented California worker file a workers' compensation claim?
Yes, under California Labor Code §3351, California workers' compensation coverage extends to every worker regardless of immigration status. The California Supreme Court confirmed the rule in Reyes v. Van Elk Ltd. (2007). An undocumented worker injured on the job has the same right to file a DWC-1, the same right to medical treatment under California Labor Code §4600, and the same right to indemnity as any other employee. Immigration status is not a defense to a §3351 claim.
Can a California employer report an undocumented worker to immigration in retaliation?
No, under California Labor Code §244, a California employer may not threaten to report a worker to immigration authorities in retaliation for exercising labor rights, including filing a workers' compensation claim. California Labor Code §132a adds remedies: reinstatement, back wages, a $10,000 increase in compensation, and costs up to $250. Together with California Labor Code §3351, the statutes create a strong protective framework for undocumented California injured workers exercising claim rights.
Does an undocumented California worker get the same indemnity as a documented worker?
Yes, under California Labor Code §3351, an undocumented California injured worker is entitled to the same temporary disability indemnity at two-thirds of average weekly earnings under California Labor Code §4653, the same permanent disability indemnity rated under California Labor Code §4660, and the same medical treatment under California Labor Code §4600 as any other employee. The indemnity rate depends on the worker's actual earnings, not immigration status. The Supplemental Job Displacement Benefit voucher under California Labor Code §4658.7 is also available, subject to the same training-program requirements.
Does §3351 cover farm workers, day laborers, and gig workers in California?
California Labor Code §3351 reaches every California employee whose injury arises out of and in the course of employment, including farm workers, day laborers, and most gig workers properly classified as employees. The classification question (employee vs. independent contractor) is separately controlled by the California ABC test from Dynamex and AB 5. Once classified as an employee, §3351 extends California workers' compensation coverage regardless of immigration status under the Reyes v. Van Elk (2007) rule.
Does an undocumented California injured worker have a right to a Spanish interpreter?
Yes, under California Labor Code §5811, a California injured worker has the right to a qualified interpreter at WCAB hearings, depositions, and medical-legal examinations regardless of immigration status. The cost of the interpreter is a litigation expense charged to the defendant. The §5811 interpreter right is separate from the §3351 coverage rule but works alongside it, ensuring an undocumented Spanish-speaking California worker can fully participate in the workers' compensation process from the initial QME exam through the final hearing.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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