“They’re asking about my immigration status.”

The law

The law defines employee without reference to immigration status. California’s workers’ compensation system covers undocumented workers, and it has for decades. The full answer.

Because status is not relevant to the claim, questions about it are not proper discovery. A workers’ compensation judgeWCJ Workers’ Compensation Judge. Decides your case. There is no jury. can protect against that line of questioning. The right response in a deposition is an objection and an instruction not to answer — which is exactly what a lawyer is there for.

Why it gets asked anyway

Because it works, when nobody objects. A worker who becomes frightened stops pursuing the claim, and the claim goes away without anyone having to defend it.

It also sometimes gets framed as being about something else — work eligibility documents, tax records, “just background.” Note when the framing shifts.

Where status can come up legitimately, and where it can’t

Some post-injury benefit questions can raise related issues — for example, arguments about whether particular return-to-work or vocational benefits apply. Those are narrow, specific arguments and they are not a license to ask broadly about status.

They do not affect your right to medical treatment, temporary disabilityTD / TTD / TPD Temporary Disability, Total or Partial. Wage replacement while recovering. Two-thirds of average weekly earnings; 2026 maximum $1,764.11/week., permanent disabilityPD Permanent Disability. Compensation for lasting impairment. A different and much lower weekly rate — 2026 maximum $290/week., a life pensionLife pension Payable at 70%–99% after the PD award is exhausted. § 4659(a): 1.5% of average weekly earnings per point above 60 — with earnings capped at $515.38 since 2006., or death benefits. Those are the core of the claim and they are not in question.

What to do

Do not answer questions about status in a deposition without a lawyer present. If you are unrepresented and it comes up, you can say you want to consult someone before answering. That is a complete and proper response.

Do not lie. Ever, about anything, in a deposition. A false answer creates a credibility problem far larger than the question was.

Write down what was asked and by whom. Date, who asked, exactly what was said.

And if the threat came from your employer rather than a lawyer — if someone said they would report you for filing — that is unlawful retaliation with its own remedy, and it has a one-year deadline. What § 132a covers.