If you are an undocumented worker who was injured at a workplace, you have the same rights as American citizens. You can make a legal claim against those responsible for their injuries and seek to have your medical care covered by workers compensation benefits. Undocumented workers typically work in some of the most dangerous jobs in New York. Although they experience abnormally high injury rates, injured undocumented employees rarely enforce their workplace rights. Sadly, many are tricked by their employers who threaten them with deportation if they report their injuries. Whether you have permanent resident status (a “green card”), a temporary work visa or even if you overstayed a visa or entered the country illegally, you can still hold your employer or any other contractor responsible for their failure to provide a safe workplace — anyone, regardless of immigration status, has the right to bring a claim for worker’s compensation and if applicable, a legal claim for your injuries. Your immigration status will not be effected and your claim will not even be reported to immigration enforcement authorities.
Undocumented Workers Injured at Construction Accidents
Undocumented workers are often given the most dangerous jobs at construction sites. Unfortunately for construction workers, the construction industry is one of the more dangerous industries in which to work, and the risk of serious bodily injury or death in construction accidents is significantly higher than in other industries. Undocumented construction workers are often given the most dangerous work that union members are never asked to do. Dishonorable contractors and subcontractors require undocumented workers to work long hours, often in unsafe conditions thinking they would be too afraid to report the safety hazards. Oftentimes they are asked to do this with or without safety equipment. Even if they are given safety equipment it is not the correct equipment for the task or are not useful for their protection However, when there is a construction accident and an undocumented worker is injured, the contractors or subcontractors tell them that they cannot report it and cannot file a legal claim or file for workers’ compensation for the medical care they need. Sometimes they threaten them with deportation if they do. This is untrue. As stated above — anyone, regardless of immigration status, has the right to bring a legal claim. Your status will not be effected and your claim will not even be reported to immigration enforcement authorities.
Experienced New York Work Place Accident Lawyers
The Law Offices of Michael S. Lamonsoff will not allow you to be taken advantage of by unscrupulous contractors and/or subcontractors. If you are injured in construction accident, we will help you to get all of your medical bills paid by workers compensation. In the event that your injury was caused by a third-party other than your employer we will file a legal claim against that contractor and/or subcontractor for the injuries you sustained.
Contact us online or call our office at 212-962-1020 (toll free at 877-MSL-4LAW or 877-675-4529) to schedule a free initial consultation.