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One Los Angeles area applicants’ attorney, Belal Hamideh, who has offices in Long Beach and downtown Los Angeles, believes President-Elect Donald Trump’s plan to seriously tighten immigration policy is likely to have an effect on states’ workers’ compensation.

Since Trump has promised to come down hard on immigration with plans to build a wall, triple the number of ICE agents, and discontinue “catch and release”, Hamideh believes “there will be less undocumented immigrants in the United States” and this may have a substantial, indirect effect on the amount of ongoing workers’ compensation claims. 

A Belal Hamideh Law firm representative reviewed the law by writing on Newswire on November 22, 2016 that under the Immigration Reform and Control Act (IRCA) it is illegal for an employer to employ undocumented workers.  Employers have an obligation to confirm their workers have legitimate status in the United States, or they can be fined.   If an employer finds that one of the employees is undocumented, the employer must terminate the employment.   Many employers find out that their undocumented employee does not have legal status only after having gotten injured on the job. 

In California, Belal Hamideh states, “Undocumented immigrants make up ten percent of the work force.”  Hamideh goes on to emphasize that even when undocumented, workers get injured on the job and they are entitled to workers’ compensation benefits.  In fact, undocumented workers are entitled to the same extent of workers’ compensation benefits as workers with American citizenship (and workers with legal residence statuses, i.e. green cards, Hamideh needs to also remember; a legal resident has all the same rights as a citizen simply minus the right to vote.). 

“Workers’ compensation laws are mainly state laws.  These laws are usually drawn up at the state level.  The President of the United States will not have a hand in drawing up state workers’ compensation laws.  He will not have a direct effect on the actual workers’ compensation rules and enforcement.  However, Trump’s tough stance on immigration may have a substantial, indirect effect on the amount of ongoing workers’ compensation claims.”

Hamideh points out that undocumented workers usually take physical jobs such as in the agriculture or construction fields.  In those fields, the risk of injury is greater than in less physical jobs.  However, a large number of undocumented workers do not file claims because they fear deportation.  As the Trump administration promises to be tough on immigration, leading to an even greater fear of deportation, inevitably, the number of workers’ compensation claims will drop.  Thus, the catalyst which will likely cause the dropping of the number will be the psychological fear factor. 

“The leaders at the state level may follow Trump’s stance on immigration.  They may draw up legislation that is tougher on illegal workers, such as no workers’ compensation at all.”

It is anticipated by some, as the Belal Hamideh Law Firm observes, that Trump will make a splash at the executive and federal level.  His views and principles may trickle down to the state level and significantly impact the California Workers’ Compensation system.

Lonce LaMon, journalist, lonce@adjustercom.com; written in conjunction with the News Release of Belal Hamideh Law dated November 22, 2016.   The Belal Hamideh Law firm is at www.BelalHamidehLaw.com and 562 276-2140 and 213 335-6282.