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Undocumented Workers' Status Is Not Affected When Seeking Compensation For Injury

Undocumented workers in New York, despite their immigration status, are entitled to protection under state and federal laws when it comes to personal injuries suffered in various industries. From construction sites to factories and warehouses to hospitality services, these workers face the inherent risks on the job - often, they are asked to do the most dangerous jobs without the necessary proper safety equipment.

Regardless of your immigration status, you are entitled to be compensated for your injuries—your status cannot and will not be impacted if you file a lawsuit with us. While some may hesitate to pursue personal injury claims due to their undocumented status, it’s vital to understand that they retain the right to seek compensation for injuries caused by the negligence of others.

The Law Offices of Michael S. Lamonsoff, with a proven track record of championing the rights of all individuals, including undocumented workers, stands ready to offer compassionate and effective legal representation. Our commitment extends to ensuring that every injured worker, regardless of immigration status, receives the largest possible compensation they rightfully deserve for the physical, emotional, and financial toll of their workplace injuries.

Rights of Undocumented Workers to Claim Personal Injury Damages in New York

Undocumented workers in New York, like all employees, have rights and protections when it comes to workplace injuries. While their immigration status may raise concerns, the law in New York ensures that these workers are entitled to certain rights and benefits.

Workers' Compensation

Undocumented workers in New York are eligible for workers' compensation benefits. The New York Workers' Compensation Law (WCL) provides coverage for medical expenses, lost wages, and rehabilitation services for injuries sustained in the course of employment. Immigration status does not impact the right to seek these benefits under WCL Sections 2 and 3.

Anti-Retaliation Protections

Undocumented workers are protected against retaliation for reporting workplace injuries or unsafe conditions. Retaliation, such as termination or discrimination, is prohibited under both federal and state laws. Occupational Safety and Health Act (OSHA) - 29 U.S.C. § 660(c)(1) protects all workers, regardless of immigration status, and provides the right to report workplace injuries or hazards without facing retaliation.

New York Labor Law - Section 240 (Scaffold Law) and Section 241

Sections 240 and 241 of the New York Labor Law specifically address safety standards at construction sites, covering undocumented workers involved in construction-related accidents.

Federal Anti-Discrimination Laws - 42 U.S.C. § 1981

Section 1981 protects all individuals, regardless of immigration status, from discrimination in making and enforcing contracts, including employment contracts.

Right to Sue Third Parties

If a third party, such as a subcontractor, property owner, or product manufacturer, contributed to the workplace injury, undocumented workers in New York retain the right to pursue a personal injury lawsuit against those responsible. This allows them to seek additional compensation beyond workers' compensation benefits.

New York Labor Law - Section 200

Section 200 of the New York Labor Law imposes a general duty on employers to provide a safe working environment, applying to all employees, including undocumented workers.

New York Human Rights Law - Section 296

Section 296 prohibits discrimination based on immigration status, ensuring that undocumented workers are protected from discriminatory practices related to workplace injuries.

Access to Legal Counsel

Undocumented workers have the right to seek legal representation to navigate the complexities of personal injury claims. Hiring an experienced attorney such as Michael S. Lamonsoff "The Bull" can help protect their rights and interests.

Over $500 million in verdicts & settlements for our clients

His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated personal injury lawyers in New York City, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in the area.

See More Client Results

$1,000,000 Settlement in a Slp & Fall Accident
$1,000,000 Settlement in a Truck Accident
$1,000,000 Settlement in a Premises Liability Accident
$1,000,000 Settlement in a Slip & Fall Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Awarded in a Truck Accident
$1,000,000 Awarded in a Car Accident
$1,000,000 Settlement in a Car Accident
$1,000,000 Settlement in a Premises Liability Accident
$1,000,000 Settlement in a Construction Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Settlement in a Personal Injury Case
$1,000,000 Settlement in a Car Accident
$1,000,050 Verdict in a Car Accident Case
$1,000,050 Awarded in a Bus Accident Case
$1,000,180 Awarded in a Wrongful Death Case Involving an Infant
$11,000,000 Verdict Awarded to a Victim of a Bus Accident
$11,750,000 Awarded to a Victim of Wrongful Conviction
$12,000,000 Settlement in a Construction Accident Case
$12,157,000 Settlement in a Train Derailment Case
$1,245,000 Settlement in a Slip & Fall Accident
$1,245,000 Settlement in a Slip & Fall Accident
$1,250,000 Settlement in a Car Accident
$1,250,000 Settlement in a Ceiling Collapse
$1,250,000 Awarded in a Motorcycle Accident
$1,250,000 Awarded in a Car Accident
$1,275,000 Settlement in a Pedestrian Accident
$1,350,000 Settlement in a Pedestrian Accident
$1,375,000 Awarded in a Bicycle Accident
$1,400,000 Settlement in a Construction Accident
14,000,000 settlement at trial for injured worker
$1,450,000 Awarded in a Construction Accident
$1,495,000 Awarded in a Car Accident Case
$1,500,000 Settlement in a Construction Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Recovered in a Construction Accident
$1,500,000 Awarded in a Car Accident
$1,600,000 Awarded to a Victim in a Truck Accident
$16,000,000 Verdict Awarded to a Victim of Sexual Abuse
$1,637,500 Verdict in a Slip & Fall Accident
$1,650,000 Awarded in a Pedestrian Accident
$1,675,000 Awarded in a Car Accident
$1,700,000 Awarded to Victim of a Slip & Fall Accident Case
$1,750,000 Awarded in a Construction Accident
$1,750,000 Awarded in a Bicycle Accident
$1,785,000 Settlement in an Elevator Accident
$1,800,000 Awarded in a Car Accident
$1,950,000 Awarded in a Construction Accident
$2,000,000 Awarded to Victim of a Ceiling Collapse Case
$2,000,000 Settlement in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Settlement in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Truck Accident
$2,000,000 Obtained in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Bicycle Accident Case
$2,100,000 Settlement in a Construction Accident
$2,130,000 Settlement in a Truck Accident Case
$2,152,500 Settlement in a Car Accident
$2,200,000 Awarded in a Construction Accident
$2,350,000 Awarded in a Construction Accident
$2,400,000 Awarded in a Train Accident
$2,400,000 Settlement in a Construction Accident
$2,400,000 Settlement in a Car Accident
$2,400,000 Awarded in a Construction Accident
$2,500,000 Awarded in a Construction Accident
$2,500,000 Awarded to a Metal Worker in a Construction Accident
$2,500,000 Awarded in a Car Accident
$2,500,000 Awarded in a Construction Accident
$2,750,000 Awarded to a Victim of a Construction Accident
$2,750,000 Awarded to victim of a Car Accident Case
$2,785,668 Verdict for a Victim of a Pedestrian Accident
$2,800,000 Settlement in a Pedestrian Accident Case
$2,800,000 Settlement in a Construction Accident Case
$3,100,000 Awarded to a Car Accident Victim
$3,100,000 Awarded to a Worker in a Construction Accident
$3,200,000 Settlement for a Worker Injured in a Construction Accident
$3,500,000 Awarded to a Worker in a Construction Accident Case
$3,500,000 Awarded to victim of a Truck Accident Case
$37,000,000 Awarded in a Construction Accident Case
$3,710,000 Awarded to a Victim in a Shooting Incident
$3,750,000 Awarded in a Construction Accident Case
$4,000,000 Settlement for a Trip & Fall Accident
$4,000,000 Settlement in a case for a Truck Driver
$4,000,000 Settlement in a Construction Accident Case
$4,000,000 Awarded to Families of Flight 587 Victims
$4,010,000 Verdict Awarded to Victim in a Police Abuse Case
$4,100,000 Settlement in a Construction Accident Case
$4,500,000 Settlement in a Construction Accident Case
$4,602,312 Verdict Awarded to Client in a Car Accident
$4,750,000 Awarded to an Injured Construction Worker
$5,000,000 Awarded to a Laborer Injured on a Construction Site
$5,000,000 Settlement Awarded to a Victim of a Slip & Fall Injury
$5,500,000 Verdict Awarded to a Worker at a Construction Site
$5,750,000 Awarded to a Laborer Injured at a Construction Site
$6,500,000 Settlement in a Construction Accident Case
$7,000,000 Awarded in a Construction Accident Case
$9,000,000 Awarded to a Victim of Municipal Assault
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Frequently Asked Questions on Undocumented Worker Personal Injury Claims in NYC

Can undocumented workers file personal injury claims in New York if they lack proper work authorization?

Undocumented workers in New York have the right to file personal injury claims, regardless of their work authorization status. The legal system recognizes that everyone, regardless of immigration status, is entitled to a safe workplace. Our attorneys at the Law Offices of Michael S. Lamonsoff are experienced in handling cases involving undocumented workers, ensuring their rights are protected.

Will pursuing a personal injury claim jeopardize an undocumented worker's immigration status in the US?

Pursuing a personal injury claim should not jeopardize an undocumented worker's immigration status. These claims are civil matters, not criminal, and seeking compensation for workplace injuries is a fundamental right. Our legal team understands the sensitive nature of immigration concerns and takes measures to protect the privacy and rights of undocumented workers throughout the legal process.

Do undocumented workers injured on the job have access to workers' compensation benefits in New York?

Undocumented workers in New York are eligible for workers' compensation benefits, providing financial assistance for medical expenses and lost wages due to a workplace injury. Our lawyers are well-versed in navigating workers' compensation claims for undocumented workers, ensuring they receive the support and compensation they deserve.

How do employers respond to personal injury claims filed by undocumented workers?

Employers may respond differently to personal injury claims filed by undocumented workers. Some employers recognize their legal obligations and work towards a fair resolution. In cases where employers dispute or diminish the claim, our legal team, led by Michael S. Lamonsoff, employs strong negotiation tactics and, if necessary, takes the case to court to secure maximum compensation.

Is it possible for an undocumented worker to file a personal injury claim without revealing their immigration status?

Yes, it’s possible for an undocumented worker to file a personal injury claim without disclosing their immigration status. Our law firm prioritizes client confidentiality and takes measures to protect sensitive information. Our primary focus is on achieving justice and fair compensation for injured workers.

Can an undocumented worker be compensated for pain and suffering in a personal injury claim?

Yes, undocumented workers can be compensated for pain and suffering in a personal injury claim. Our legal team, known for its aggressive advocacy, seeks comprehensive compensation that includes damages for physical and emotional suffering.

What if an undocumented worker injured on the job is injured due to employer negligence in providing safety equipment?

If an undocumented worker is injured due to employer negligence in providing safety equipment, they have the right to pursue a personal injury claim. Employers are obligated to maintain safe working conditions, and our legal team holds them accountable for lapses in safety measures.

Are there time limitations for filing personal injury claims as an undocumented worker in New York?

Undocumented workers, like any other workers, must adhere to statutes of limitations for filing personal injury claims. It's crucial to act promptly to ensure compliance with these time constraints. Our attorneys guide clients through the legal process, ensuring timely filing and preservation of their rights.

How does the Law Offices of Michael S. Lamonsoff accommodate non-English-speaking undocumented workers?

Our law firm is dedicated to providing inclusive legal representation. We have multilingual staff and resources to accommodate non-English-speaking clients, ensuring effective communication and understanding throughout the legal process. Undocumented workers can rely on our team for comprehensive and supportive representation.

Our Undocumented Worker Personal Injury Lawyers in NYC will Prove Liability and Achieve Maximum Compensation for You

The dedicated team of personal injury lawyers at the Law Offices of Michael S. Lamonsoff is committed to proving liability and securing the maximum compensation for undocumented workers who have suffered injuries.

Thorough Investigation

Our legal team conducts a comprehensive investigation into the workplace accident, gathering evidence to establish liability. This includes obtaining witness statements, reviewing surveillance footage, and consulting with experts when necessary.

Documentation of Injuries

We work closely with medical professionals to thoroughly document the extent of injuries suffered by undocumented workers. This includes obtaining medical records, expert opinions, and other evidence to support the personal injury claim.

Expert Testimony

Our lawyers collaborate with industry experts who can provide testimony on workplace safety standards and regulations. Their expertise strengthens the case by establishing a clear link between the employer's negligence and the injuries sustained.

Legal Advocacy

With a deep understanding of New York labor laws and personal injury statutes, our legal team advocates for the rights of undocumented workers. We leverage our knowledge to navigate complex legal frameworks and ensure that our clients receive the compensation they deserve.

Negotiation Skills

Michael S. Lamonsoff, known as "The Bull," brings aggressive and unrelenting negotiation skills to the table. Our lawyers engage in robust negotiations with employers, insurers, or responsible parties to secure a fair settlement that adequately compensates the injured worker.

Courtroom Representation

In cases where a fair settlement cannot be reached, our attorneys are prepared to take the case to court. Michael S. Lamonsoff's reputation as "The Bull" signifies his tenacity in the courtroom, where he fights vigorously to protect the rights of undocumented workers.

Client-Centric Approach

Throughout the process, our client-centric approach ensures that undocumented workers are informed, supported, and actively involved in decisions related to their case. We prioritize communication and transparency to provide peace of mind during challenging times.

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