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What options do undocumented workers have after a job-related injury?

On Behalf of | Mar 21, 2023 | Workers' Rights

A workplace injury can be a costly and stressful experience. Workers who have job-related health conditions deserve support and compensation as they recover.

Unfortunately, many undocumented workers do not realize they can file an injury claim and pursue legal action after a workplace injury. It is important that injured workers understand they have rights regardless of immigration status.

Workers’ compensation for undocumented people

Injuries can result in costly medical bills, weeks or months of missed work and reduced income. Furthermore, a serious injury can cause impairment in daily life and ongoing emotional pain. Employees in New York can file a workers’ compensation claim to receive benefits after experiencing a job-related injury or health condition. Worksite accidents and overuse injuries are common reasons for filing a workers’ compensation claim. Immigrant workers, including undocumented people, have the right to file for workers’ compensation. Although it is simpler for employees to receive workers’ compensation benefits, independent contractors and people paid “off the books” are able to file for support payments in New York City.

Injury lawsuits and immigrant workers

In some cases, workers should consider pursuing lawsuits to receive the support they deserve. If a third party’s actions contributed to someone’s injuries, a personal injury lawsuit can enable that person to seek compensation. For example, if a delivery driver was in a motor vehicle accident while on the job, the driver might be able to sue the other motorist. Workers can also bring lawsuits against the manufacturers of faulty equipment. Immigration status does not impact someone’s right to file a personal injury lawsuit.

The state of New York allows undocumented employees to receive workers’ compensation and file lawsuits for job-related injuries and medical conditions.