If you are an undocumented construction worker injured on the job, you may feel scared or confused about your rights. Many undocumented workers fear reporting injuries or filing claims because of their immigration status. However, it is important to know that you have rights, and that you are protected under New York’s labor laws regardless of your documentation status. Taking the right steps after an injury can protect your health and help you recover compensation for your losses.
1. Get Immediate Medical Attention
The first and most important step after a construction accident injury is to seek medical help. Your health and safety should be your top priority. Do not avoid medical treatment because of your immigration status. In New York, you have the right to emergency medical care regardless of your legal status in the United States. Construction injuries can involve broken bones, head trauma, back injuries, burns and other serious conditions that need prompt medical treatment.
Inform your supervisor or employer about the injury as soon as possible. Request that they arrange medical care if needed. If your employer refuses to help or tries to prevent you from seeing a doctor, go to the nearest hospital emergency room or urgent care clinic on your own. Medical records will be an important part of your injury case.
2. Report the Injury to Your Employer
In New York, you are legally required to notify your employer about your injury within 30 days. Even if you fear retaliation or job loss, you should report the injury in writing, if possible, or notify your supervisor directly. Reporting the injury officially helps protect your right to claim workers’ compensation benefits. Employers cannot legally retaliate against you for reporting a workplace injury. If your employer threatens you because of your immigration status, this is illegal, and you may have grounds for a separate legal claim for retaliation.
3. Know That Immigration Status Does Not Affect Your Right to Compensation
One of the biggest misunderstandings among undocumented workers is the belief that they do not have the right to workers’ compensation or other legal remedies. In most states, workers’ compensation laws apply to all workers, regardless of their immigration status. This means you have the right to medical care, money for pain and suffering and for permanent injuries, wage replacement, and disability benefits if you are injured on the job.
Several court rulings have reinforced this right. Employers cannot avoid their responsibilities by claiming a worker is undocumented. Workers’ compensation insurance covers workers regardless of their nationality or immigration status.
4. Filing a personal injury lawsuit.
In addition to workers’ compensation, undocumented workers also have the right to file a personal injury lawsuit in certain situations. For example, if your injury was caused by a third party such as a contractor, subcontractor, equipment manufacturer or property owner and manager, you may be able to sue them for damages.
Unlike workers’ compensation, personal injury claims allow you to recover compensation for pain and suffering, which can significantly increase the value of your claim. Personal injury cases require proof of negligence (carelessness), but they can lead to much more compensation than workers’ compensation benefits alone.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com