Can Undocumented Immigrants File Personal Injury Claims in New York?

October 30, 2026 / Personal Injury

If you are undocumented and have been injured in an accident in New York, you may be wondering whether you can pursue compensation. The answer is yes. Your immigration status does not automatically prevent you from filing a personal injury claim against someone whose negligence caused your injuries.

At Carrion Accident & Injury Attorneys, PLLC, we represent injured New Yorkers regardless of their immigration status. Our team speaks Spanish, and we’re here to answer your questions, explain your legal options, and help you understand what to expect.

What Rights Do Undocumented Immigrants Have After an Accident in New York?

New York law allows undocumented immigrants to seek compensation for injuries caused by another party’s negligence. This means you may have a claim if you were hurt in a car accident, a construction accident, or another incident involving someone else’s careless or wrongful actions.

Depending on the circumstances, compensation in personal injury cases may include:

• Medical expenses related to your injuries
• Lost income if you are unable to work
• Pain and suffering
• Other financial and personal losses caused by the accident

The compensation available will depend on the facts of your case. Immigration status may be relevant to certain issues, including the calculation of future lost earnings, but it does not automatically prevent you from seeking damages.

Are Undocumented Workers Protected Under New York Labor Laws?

Yes. New York’s workplace safety laws generally protect workers regardless of immigration status. If you are injured on a construction site, for example, you may have a claim against a property owner, contractor, or another responsible party under New York’s Labor Laws.

In Balbuena v. IDR Realty LLC, the New York Court of Appeals confirmed that undocumented workers are not automatically barred from recovering lost wages in personal injury lawsuits because of their immigration status.

Undocumented workers may also qualify for workers’ compensation benefits in New York. These benefits can cover medical treatment and a portion of lost wages after a work-related injury. Depending on the circumstances, an injured worker may also have a separate personal injury claim against a negligent third party.

Will My Immigration Status Be Disclosed if I File a Personal Injury Claim?

Not necessarily. Immigration status is generally not relevant to whether another party caused your injuries. However, questions about your status may arise in certain cases.

If you’re concerned about your immigration status becoming part of a lawsuit, discuss those concerns with an attorney before proceeding. A lawyer can explain what information may be requested, whether it is relevant to your claim, and what legal protections may be available to limit unnecessary disclosure.

Should I Speak With a Lawyer if I Am Undocumented?

Yes. If you were injured because of someone else’s negligence, a New York personal injury attorney can help you understand your rights.

You may be worried about discussing your immigration status or participating in the legal process. An attorney can address these concerns, explain what to expect, and help you make informed decisions about how to proceed.

You should not assume that being undocumented means you have no legal options after an accident.

Contact Carrion Accident & Injury Attorneys, PLLC for a Free Consultation With a New York Personal Injury Lawyer

At Carrion Accident & Injury Attorneys, PLLC, we believe everyone deserves access to legal representation after an injury caused by negligence, regardless of their immigration status.

If you or a loved one was injured in an accident, don’t take on the challenge alone. Contact Carrion Accident & Injury Attorneys, PLLC for a free case review. Our New York truck accident lawyers can help determine who is responsible and fight for the compensation you deserve.

We proudly serve clients from our offices in Queens, Manhattan, and Long Island. Our attorneys represent injury victims across Queens County, Nassau County, Suffolk County, New York County, and nearby communities throughout the New York metropolitan area.

When you need trusted legal guidance after an accident, remember one number: 212-CARRION.