Learn about the rights of immigrants
and undocumented workers after a
work injury in Georgia
Workplace injuries can have devastating consequences, particularly for immigrants and undocumented workers, who often face additional hurdles when seeking justice and fair compensation. The recent case of Jovito Caballero, an immigrant from Mexico who worked in Gainesville’s poultry plants, sheds light on these challenges.
In this blog, we’ll delve into Caballero’s story, exploring the difficulties he encountered and the broader implications for immigrant workers who suffer injuries in poultry plants and other hazardous industries. We’ll also address common questions about the rights of immigrants and undocumented workers in Georgia, including their eligibility for workers’ compensation and the legal avenues available if they face unjust treatment after an injury.
Whether you’re a Georgia worker, an employer, or simply interested in labor rights, this blog will provide valuable insights into a complex and pressing issue.
Georgia worker sues Pilgrim’s Pride after
allegedly being ford for an injury
As reported in The Atlanta Journal-Constitution, Jovito Caballero, a Mexican immigrant, started working in Gainesville, Georgia, poultry plants in 1998, spending most of his career at Pilgrim’s Pride. In 2023, Caballero injured his back lifting a heavy machine part while working as a maintenance technician.
After the injury, he alleges that Pilgrim’s Pride asked him to get his doctor to sign a form stating the injury was not work-related. When he refused, he was fired and is now facing the cost of necessary back surgery, leading him to sue the company over his termination.
“My world came crashing down,” Caballero said. “I felt bad because I was hurt, and I was fired, and I didn’t know where to turn to.”
Debbie Berkowitz, a former chief of staff at the Occupational Safety and Health Administration (OSHA), says this isn’t the first time she’s heard of injured workers being given forms like this for their doctors to sign.
Claudia Caycho-Acosta, part of Caballero’s legal team, further explains that some employers attempt to avoid workers’ compensation costs by pressuring injured workers or misleading them about their rights. Unfortunately, immigrant workers are often vulnerable to exploitation and may be discouraged from reporting injuries due to fear of retaliation and lack of information.
Despite these assertions, industry representatives like Mike Giles of the Georgia Poultry Federation assert that companies are committed to following workers’ compensation laws and ensuring safety.
Caballero’s case highlights the challenges faced by immigrant workers in Georgia’s poultry industry, which heavily relies on Hispanic labor. Gainesville, known as the “Poultry Capital of the World,” has seen its Hispanic population more than double in the past 30 years. Poultry production, a hazardous occupation, accounts for nearly half of Georgia’s agricultural production.
Despite the industry’s economic importance, the high incidence of severe occupational injuries among poultry workers raises concerns about workplace safety and the fair treatment of injured workers.
“It was too many years spent working there for things to have played out like this,” Caballero said after being fired. “Because we’re immigrant, because we’re Hispanic, they do whatever they want with us.”
It remains to be seen what will happen with Caballero’s lawsuit, but his case reflects the broader issues within the industry and the precarious position of immigrant workers who are injured on the job.
Georgia Wrongful Termination After Filing a Work
Injury Claim
Learn if your workers’ comp claim is valid if you’ve been wrongfully terminated in Georgia.
Can undocumented immigrants get workers’ compensation in Georgia?
Yes, undocumented immigrants can receive workers’ compensation in Georgia. The state’s workers’ compensation system is designed to protect employees, regardless of their immigration status. This means that if an undocumented worker is injured on the job, they’re entitled to medical treatment, wage replacement benefits, and other types of workers’ comp benefits provided under the Georgia Workers’ Compensation Act.
However, while the law provides these protections, undocumented workers often face additional challenges when filing claims. Employers may attempt to intimidate or discourage undocumented employees from seeking benefits to avoid paying higher workers’ compensation premiums or out of concern that they might be penalized for hiring these workers.
Because of this, it’s crucial for undocumented workers to know their rights and seek legal assistance if they encounter resistance from their employer after an injury.
Who is exempt from workers’ compensation insurance in Georgia?
While undocumented workers are entitled to workers’ compensation benefits like any other worker in Georgia, certain professions are exempt from mandatory workers’ compensation insurance. These exemptions include:
- Railroad carriers. Workers employed by railroad carriers are typically covered under federal laws such as the Federal Employers Liability Act (FELA) rather than state workers’ compensation systems.
- Farm laborers. Agricultural workers are often exempt from workers’ compensation coverage, depending on the size of the farm and the nature of the labor performed.
- Domestic servants. Individuals employed as domestic servants in private homes, such as housekeepers, nannies, and gardeners, are generally exempt from workers’ compensation requirements.
If you fall into one of these categories or you’re unsure if you’re eligible for workers’ comp benefits after an injury, reach out to a local Atlanta workers’ compensation attorney to discuss your legal options.
Get help from an experienced Georgia work injury attorney
If you or a loved one has suffered a workplace injury, especially under challenging circumstances like those faced by immigrants or undocumented workers, it’s crucial to understand your rights and options. Navigating the complexities of workers’ compensation claims can be daunting, particularly when dealing with issues of intimidation or misinformation.