As an undocumented worker, you should not only know your rights upon suffering a workplace injury but also how to exercise those rights. Our attorneys know how to help undocumented injured workers get the compensation they deserve, so don’t wait to discuss your case with us in New York City.
Undocumented workers have the right to get Workers’ Compensation benefits for work-related injuries and illnesses and to file third-party work injury lawsuits. Undocumented workers are also afforded rights under the Occupational Health and Safety Act, such as access to a safe working environment. Exercising your rights as an injured undocumented worker can be understandably intimidating, and our lawyers can give you the support and guidance you need.
For a free case assessment from our New York City personal injury lawyers, call The Carrion Law Firm at (718) 841-0083.
What Rights to Undocumented Workers Have in NYC?
All workers in New York City have certain rights, regardless of their immigration status. We can explain the rights of undocumented workers, so reach out if you have any questions.
The Right to Safe Work Environments
The Occupational Safety and Health Act applies to both undocumented and documented workers in New York. This law created protections for workers and outlined their rights, including the right to a safe work environment, as well as the following:
- The right to get workplace safety training in a language you understand
- The right to file a confidential complaint with the Occupational Health and Safety Administration (OSHA) without fear of retaliation
- The right to safety equipment
- The right to review previous OSHA records about the workplace
- The right to refuse dangerous work activity
You also have the right to report injuries or illnesses and obtain copies of workplace medical records, as well as the right to participate in OSHA inspections of your workplace and speak privately with the inspector.
The Right to Workers’ Compensation Benefits
Immigration status does not affect eligibility for Workers’ Compensation benefits in New York City, according to W.K.C. Law § 17. Nearly all employers need Workers’ Compensation in New York, so your employer likely has a plan that covers you.
If your employer doesn’t have Workers’ Compensation insurance, you may still get benefits as an undocumented worker. The Uninsured Employers’ Fund pays income and medical benefits to injured workers whose employers don’t have coverage, and our Brooklyn personal injury lawyers can give more information on that claims process if applicable.
The Right to File Third-Party Lawsuits
Workers’ Compensation prevents injured employees from suing covered employers but not from suing negligent third parties. Undocumented immigrants may file third-party work injury lawsuits in New York. Though your immigration status should not be relevant in a lawsuit against a negligent equipment or product manufacturer or other third party, you may be understandably concerned about filing a lawsuit, so call our lawyers for guidance.
Injury lawsuits have a three-year statute of limitations in New York City, so don’t wait to discuss your case with our lawyers.
You may also sue your employer if they don’t secure Workers’ Compensation under § 11, regardless of if you are an undocumented immigrant.
What Damages Do Injured Undocumented Workers Have the Right to Recover from Lawsuits?
Damages are limited to cover medical expenses and some lost wages in all Workers’ Compensation claims, regardless of immigration status. In third-party work injury lawsuits, injured undocumented workers may recover even more.
Medical Damages
You should recover the cost of all medical damages from a workplace injury. Please let us know where you received treatment, and we can obtain your medical records and copies of the bills. You have the right to seek future medical damages in a lawsuit, which we can estimate with the assistance of medical experts.
Lost Wages
Undocumented immigrants unable to work due to on-the-job injuries also have the right to lost wages. Workers’ Compensation only covers a portion of missed income, though some undocumented workers may feel more comfortable pursuing Workers’ Compensation rather than filing a lawsuit. We understand this and can answer any questions you have and address all your concerns so you ultimately make the right decision.
Pain and Suffering
When undocumented immigrants file lawsuits after workplace accidents, they may get compensation for pain and suffering. These damages are among the most difficult to calculate, as they lack an inherent monetary value. We may negotiate a good settlement that covers non-economic damages so you can avoid going to court, as that intimidates many victims regardless of their immigration status.
What if My Employer Violates My Rights as an Injured Undocumented Worker?
If your employer wrongly claims you are ineligible for Workers’ Compensation or threatens to retaliate against you if you file an OSHA complaint or a lawsuit, call our lawyers. Your attorney may not block you from seeking damages or retaliate against you for exercising your rights, so please let us know if they do.
Please let us know if you are demoted or fired after filing a claim or if your hours or wages are docked. Send us any retaliatory or threatening emails or other correspondence.
Employers might be more likely to retaliate if injured employees sue them for damages since they don’t have Workers’ Compensation coverage, and our lawyers can help in these scenarios.
Who Can Protect My Rights as an Injured Undocumented Worker in NYC?
Our lawyers help all injured workers exercise their rights and get the compensatory damages they deserve after workplace accidents in New York City, including undocumented workers.
Call our bilingual attorneys right after you suffer an injury at work. We can immediately explain your options and outline your rights as an undocumented worker. We can also begin collecting and organizing evidence that will be relevant to your future case, including eyewitness statements, medical records, photographs, and other relevant materials.
We can advocate for your rights throughout your case, refusing any settlements that are unfair and fighting for what you deserve.
Injured Undocumented Workers in NYC Can Call Us for Help
For a free case review from our Queens personal injury lawyers, call The Carrion Law Firm now at (718) 841-0083.