Can Undocumented Immigrants Sue for Personal Injury?

Yes. Immigration status does not have to stop an injury claim: California bars evidence of, and questions about, immigration status in personal injury and wrongful death cases (Evid. Code 351.2), and Washington generally keeps it out of civil trials. In California the deadline to sue is generally two years from the injury (CCP 335.1).

Can illegal immigrants sue for personal injury?

That is how many people search for it. The respectful answer for anyone without papers is that the courthouse door is open. If a careless driver, a store with a wet floor or a negligent employer hurt you, you can ask the person or company responsible, and usually their insurer, to pay for what the injury cost you. That includes medical bills, lost income and the pain the injury caused.

Many people with a good case never call a lawyer because they fear the claim will expose them. That fear is understandable, and it is the reason California and Washington wrote specific rules about immigration status in court. The rules are different in each state, so the sections below go state by state.

One limit matters. An injury lawyer handles the injury claim. Questions about your immigration case belong with an immigration attorney or an accredited representative, and no injury lawyer can promise you any immigration result.

How does California protect your immigration status in an injury case?

California has the strongest rule of the three states. In a civil action for personal injury or wrongful death, evidence of a person’s immigration status is not admitted, and discovery into it is not allowed (Evid. Code 351.2). In practice, the defense lawyer cannot put your status in front of the jury, and cannot demand it in written questions or at your deposition. That rule is an exception to the general principle that relevant evidence comes in (Evid. Code 351).

For other kinds of civil cases, a party who wants to mention someone’s immigration status in open court must first ask for a private hearing, and the judge must find the evidence admissible. That rule does not apply when status is needed to prove an element of a claim or defense (Evid. Code 351.3).

Four matching statutes protect workers and job applicants. They say California’s protections, rights and remedies are available regardless of immigration status to people who have applied for or held jobs in the state, except any reinstatement remedy federal law prohibits, and that status is irrelevant to liability when state labor, employment, civil rights, consumer protection and housing laws are enforced (Civil Code 3339, Gov. Code 7285, Labor Code 1171.5, Health & Safety Code 24000). Questions about status in those cases are barred unless the person asking shows, by clear and convincing evidence, that they are needed to comply with federal immigration law.

What about Texas and Washington?

Washington: Under the state’s evidence rule for civil cases, a party’s or witness’s immigration status is generally not admissible unless it is an essential fact needed to prove an element of a claim (ER 413). A party who wants to use it must ask the judge, who reviews it privately, and the papers can be sealed. There is a narrow exception after trial: the defense may raise status in a post-trial motion if a person under a final removal order was awarded future lost earnings, or if reinstatement to a job was ordered.

Texas: We did not find a Texas statute or evidence rule written specifically about immigration status in injury cases. Texas judges apply the general rules: evidence must be relevant, and the court may exclude relevant evidence when its value is substantially outweighed by the danger of unfair prejudice or confusing the issues (Tex. R. Evid. 401 to 403). How a judge rules depends on the facts and on what each side argues, which is one more reason to have a lawyer prepare for that question early. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

Can an undocumented worker get workers’ comp or sue after a job injury?

California: Yes. The workers’ compensation definition of “employee” includes people who are not U.S. citizens or nationals, whether lawfully or unlawfully employed (Labor Code 3351). The state labor department says plainly that all workers employed in California, regardless of immigration status, are eligible for workers’ compensation benefits (DIR). If someone other than your employer caused the injury, such as an equipment maker or a driver, you may also have a separate injury claim against them.

Texas: Private employers in Texas generally may choose whether to carry workers’ compensation (Labor Code 406.002). The law defines an employee as each person in the service of another under a contract of hire, express or implied, oral or written (Labor Code 401.012). If your employer has no coverage, you can sue it for negligence, and it loses defenses such as blaming you or a co-worker for the accident (Labor Code 406.033). The Texas Department of Insurance explains that benefits depend on the employer having coverage.

Washington: The industrial insurance law defines a worker as every person in the state engaged in employment for an employer, and its listed exceptions say nothing about immigration status (RCW 51.08.180).

How long do you have, and what if Medi-Cal paid your bills?

Medical malpractice and some other claims follow different rules (California Courts).

If Medi-Cal paid for any of your treatment, the state must be told in writing within 30 days after a claim or lawsuit is filed (W&I Code 14124.73). Medi-Cal’s repayment comes only from the part of a recovery that pays for medical expenses (W&I Code 14124.76).

What to do now

1. Get medical care and keep every bill, prescription and discharge paper.
2. Take photos of the scene, your injuries and any vehicle damage.
3. Write down the names and phone numbers of witnesses.
4. Save proof of your work and pay: pay stubs, texts with your boss, bank deposits or a list of cash payments.
5. Do not give a recorded statement to the other side’s insurer before you get advice.
6. Do not sign papers you do not understand, in any language.
7. Call an injury lawyer soon, because claims against cities and counties have short notice periods.

Talk to us

If you were hurt and worry that your status will get in the way, call Beverly Law at (310) 552-6959 for a free, confidential case review in English or Spanish. You owe no fees or costs unless we win.

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Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.