Can I File a Lawsuit for a Work Injury if I Am Illegally Employed in New York?
If workers are illegally employed in New York, they can still file a compensation claim for a work injury. Despite their immigration status, illegally employed workers have the right to recovery.
People who are illegally employed and hurt in a work-related accident in New York still have the ability to bring a claim and seek recovery. Undocumented immigrants do not have to fear deportation when filing a civil action. Your best chances for recovery will likely be to file a claim against a negligent third party rather than your employer, like a product manufacturer. When reporting your accident and gathering evidence, you do not have to offer details about your illegal employment or immigration status. Being undocumented does not mean you have contributed to your work injuries or do not deserve compensation in New York.
If you want to get a confidential and free case evaluation from the Albany work injury lawyers at The Carrion Law Firm, call us today at (718) 841-0083.
Will Being Illegally Employed Stop You from Filing a Work Injury Case in New York?
Undocumented immigrants cannot be legally employed in New York. However, some employers do not adhere to that mandate, nor do they ask prospective employees about their immigration status. If you were hired illegally and were injured on the job, you have the right to pursue compensation.
Being illegally employed will not bar you from filing a work injury claim in New York. Your documentation status does not impact your right to pursue a claim for compensation after being injured. Not only that, the damages available to illegally employed workers are not reduced because of their immigration status.
Filing a work injury case isn’t a deportable offense, meaning undocumented immigrants do not have to fear deportation if they seek compensation following a workplace accident. You will be entitled to benefits from your employer’s insurance carrier and, in some cases, will be able to file a lawsuit for compensatory damages.
If your employer threatens you with deportation after you file a claim, inform our Brooklyn work injury lawyers. Such threats can be seen as retaliation and might help your case.
When Can Illegally Employed Workers Sue for a Work Injury in New York?
Illegally employed workers have the same rights regarding recovery for workplace injuries as legally employed workers do in New York. In most cases, injured employees can only file third-party work injury lawsuits unless their employer does not have the necessary insurance coverage.
Employer Lawsuits
If your employer’s negligence caused your workplace injuries and they do not have liability insurance in New York, you can sue them directly for compensation following a workplace injury. Your current immigration status will not preclude you from taking this route to recovery.
Third-Party Lawsuits
Often, injured workers have the most success recovering compensation through a lawsuit by suing a negligent third party. For example, if a negligent manufacturer produced a defective product that caused a worker’s on-the-job injuries, they can sue them directly without meeting additional criteria. Illegally employed workers hurt by car accidents or for other reasons unrelated to an employer’s negligence can also sue an at-fault party. The deadline to file such claims would be three years from the date you sustained your workplace injuries in New York.
What Can Illegally Employed Workers Do to Support Their Work Injury Claims in New York?
Suppose you are illegally employed and fear repercussions for filing a work injury case in New York or fear that your immigration status might undermine your claim. In that case, documenting your injuries, getting medical attention, and gathering strong evidence can help you build a valid compensation case. Depending on your claim, going to trial might result in greater damages.
Document Your Injuries
Immediately after being injured at work, illegally employed workers should report their injuries. Employers typically have procedures for reporting accidents. In some cases, alerting the police will be prudent. When reporting your injuries, there is no need to inform anyone of your present immigration status. In all likelihood, your employer will be aware of the fact that you are illegally employed. Suppose they inform the police of this fact. In that case, there is little to fear, as law enforcement officials are typically only concerned with undocumented immigrants that have committed a crime, not those injured in a workplace accident.
Get Medical Attention
To further document your injuries, you should go to the hospital. If you’re concerned that the fact that you are illegally employed could negatively impact your case, it is important to build strong evidence of your injuries and their origin. Medical professionals should not ask a patient questions about their immigration status, and if they do, illegally employed workers do not have to provide such information if doing so makes them uncomfortable.
Gather Evidence
Filing a work injury claim, whether against an employer or a negligent third party, requires evidence. Our Schenectady work injury attorneys can interview eyewitnesses to your accident and gather other proof of fault, such as surveillance footage. Injured workers can keep records of their medical bills and lost wages to show that they incurred damages as a result of another party’s negligence.
Go to Court
In many instances, victims can recover greater damages by going to court rather than settling. The fact that you are illegally employed should not negatively impact your claim nor the damages awarded by a judge or jury. An undocumented immigrant might be intimidated into settling at a lower amount because of their documentation status. Do not let such acts of intimidation stop you from getting the compensation you deserve at trial in New York.
File Your New York Work Injury Claim Today
For a free case evaluation with the Flatbush work injury lawyers at The Carrion Law Firm, call (718) 841-0083 today.