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With some exceptions, undocumented workers are fully protected under New York labor laws and have the same rights as other injured workers. This includes the right to collect workers’ compensation and the right to sue for economic damages and pain and suffering when the law permits.
This is especially important, as many undocumented workers work in jobs where the injuries tend to be very severe, and the resulting physical damage is ongoing and even permanent.
Yes, you can generally still file a claim as an injured worker, even if you don’t have a green card. If the issue is raised during negotiations or in court, I will object to its relevance on your behalf. While there are some limited exceptions to this rule, in most cases, a lack of a green card will not affect your rights.
As an injured immigrant worker, you should avoid the same mistakes that any other worker would want to avoid. These include not talking to anyone apart from your attorney about your accident and never posting anything about your accident or claim on social media. This helps ensure the details of your case don’t get amplified or distorted.
At the Law Offices of David A. Kapelman, P.C., I represent everyone, regardless of immigration status. All four of my grandparents were immigrants to this country, and I have represented many immigrants throughout my career. Regardless of your immigration or documentation status, I welcome the opportunity to review your case, represent you, and protect your rights as a worker.
For more information on immigrant worker rights after construction accidents in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 563-2010 today.