A significant number of construction workers throughout the United States
are undocumented citizens. Whether due to financial or legal reasons,
thousands of immigrants have had a difficult time securing work visas
or permanent residency. Make no mistake, however, all
undocumented workers are afforded the same rights and protections as anyone else when they
step foot onto a construction site. Despite the fact that they may be
working illegally, all employees are entitled to a reasonably safe work
environment—which, in turn, means that an undocumented worker would
still have the right to pursue compensation if they were negligently injured
on the job.
Protection For Illegal Immigrants in NYC
According to the legal statutes regulating
workers’ compensation, immigration status does not play a factor in determining compensation.
This means that an illegal immigrant who suffers a work-related injury
may receive the same compensation as other workers. Benefits can cover
lost wages from missed work and costs related to medical expenses. While
New York interprets the law to give all personnel coverage, not every
state affords workers the same protections.
In New York, workers’ compensation benefits for illegal immigrants
remain in place despite the federal Immigration Reform and Control Act
(IRCA), passed in 1986. The IRCA prohibits companies from knowingly hiring
individuals who are not able to legally work in the United States. In
2006, the issue was brought before a judge. In
Balbuena v. IDR Realty, LLC, a court of appeals held that an injured worker’s immigration status
does not preclude compensation for lost wages and injuries.
Additionally, the surviving family of an illegal immigrant who suffered
a fatal workplace accident may be eligible to receive benefits. However,
the situation can be complicated when families live abroad.
Contact Our New York Personal Injury Attorneys - 646.461.4009
Unfortunately, most undocumented workers are afraid to pursue the level
of compensation that they deserve; however, it should be known that you
can safely retain the help of a
New York construction accident lawyer from Lurie, Ilchert, MacDonnell & Ryan LLP if you, as an illegal citizen,
have been injured in a workplace accident. We have handled several cases
of this nature, and not one of our clients has ever been deported or arrested
in lieu of filing a
personal injury claim. For this reason, you should not hesitate to exercise the rights
that you have earned. You can trust that you will be in good hands when
you come to our firm for help, as we will do whatever it takes to recover
the damages that you are owed. You don’t pay unless we win your case.
Call (646) 461-4009 or
request your FREE consultation today!