Your Rights as an Undocumented Immigrant in a Personal Injury Case
Many undocumented immigrants in New York City work in high-risk industries like construction, manufacturing, and transportation, where workplace accidents are common. According to the Migration Policy Institute, approximately 518,000 undocumented immigrants are part of NYC’s workforce, and nearly 41% of immigrant construction workers are undocumented.
Despite their immigration status, undocumented workers have the legal right to seek compensation for injuries caused by someone else’s negligence—whether at work, in a car accident, or on unsafe premises. If you are undocumented and injured in NYC, you may have questions like:
- Can I sue for personal injury if I’m undocumented?
- Will ICE be notified if I file a claim?
- What damages can I recover after an accident?
Below, we’ll explain your legal rights, the laws that protect undocumented immigrants, and how a New York personal injury lawyer for immigrants can help you recover the compensation you deserve. Call our office today at (212) 490-5700 to schedule a free consultation with a personal injury lawyer.
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Do Undocumented Immigrants Have the Right to Sue in NY?
Undocumented immigrants have the same legal rights as U.S. citizens and can sue for personal injury damages. Your immigration status has nothing to do with your right to recover.
Legal Protections for Undocumented Immigrants in NYC
- The Fourteenth Amendment guarantees equal protection under the law for every person in the U.S., regardless of immigration status.
- New York State Laws allow undocumented workers to sue for injuries caused by unsafe work conditions, negligent drivers, or property hazards.
- Sanctuary City Protections ensures NYC law enforcement does not cooperate with Immigration and Customs Enforcement (ICE) over civil matters like personal injury claims.
Key Legal Precedent: Stanislaw Majlinger v. Casino Contracting Corp
In 2006, the New York Court of Appeals ruled in Stanislaw Majlinger v. Casino Contracting Corp that undocumented immigrants can file personal injury lawsuits and receive compensation under New York law. The ruling clarified that:
- Federal immigration law does not prevent undocumented workers from seeking compensation.
- Employers and property owners cannot use a worker’s immigration status against them in court.
- Undocumented workers can recover full damages for medical expenses, lost wages, and pain and suffering.
This means if you are an undocumented worker injured in New York, you can sue for damages without fear of immigration consequences.
Common Personal Injury Cases for Undocumented Immigrants in NYC
When you have suffered severe injury or illness due to someone else’s negligence, you still have the right to compensation for your damages, even as an undocumented immigrant. Some of the most common types of personal injury cases in New York include:
These are just a few examples of instances in which you can pursue a personal injury claim. Do not hesitate to contact a personal injury attorney today to explore your legal options despite your citizenship status.
What Compensation Can an Undocumented Immigrant Recover?
If you were injured due to someone else’s negligence, you may be entitled to financial compensation for:
- Medical Expenses – Hospital bills, surgery costs, rehabilitation, prescription medications
- Lost Wages – Income lost due to inability to work after the injury
- Pain & Suffering – Emotional distress, trauma, and long-term impact of the injury
- Disability Benefits – If the injury results in permanent impairment
- Future Medical Costs – Ongoing treatments, home health care, and therapy
Your immigration status cannot be used to reduce or deny your compensation.
Who Can an Undocumented Person Sue in a NY Injury Case?
The liable party depends on the circumstances of your accident. Possible defendants include:
- Employers – If they failed to provide a safe work environment
- Negligent Drivers – If you were injured in a car accident
- Property Owners – If unsafe conditions led to a slip and fall
- Product Manufacturers – If a defective product caused your injuries
An experienced personal injury attorney will investigate your case, identify the liable party, and fight for the maximum compensation.
Will ICE Be Notified if I File a Personal Injury Lawsuit?
No. Filing a personal injury lawsuit is a civil matter and does not trigger an immigration status review. Most ICE arrests occur in criminal courts, not civil courts where personal injury cases are handled.
At HKD, your safety is our priority. We will fight to protect your rights while helping you seek justice.
Why Should I Work with a Personal Injury Lawyer?
As an undocumented worker, you may be terrified of deportation and other citizenship issues. This might make holding the liable party accountable for their actions seem impossible. We understand these overwhelming feelings. We’re here to ease your fears. We will help you exercise your right to compensation for your damages and protect your interests.
According to 8 USC § 1227, filing a personal injury claim is not considered a deportable offense. Even if the defense were to try making your life as a foreign national more difficult, we know your rights. We will go to great lengths to ensure you are compensated fairly, despite your immigration status.
Why Work with an NYC Personal Injury Lawyer for Undocumented Immigrants?
As an undocumented person, you may feel afraid to take legal action, but you are protected by law. An experienced personal injury attorney for immigrants in NYC will:
- Protect you from immigration concerns during the lawsuit
- Ensure your case is handled discreetly & professionally
- Fight for maximum compensation for your injuries
- Hold negligent employers, drivers, or property owners accountable
At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., we have successfully represented undocumented workers injured in construction accidents, car crashes, and premises liability cases. Call (212) 289-8351 or use our online form for a free consultation. There’s no fee unless we win!
Programe su consulta gratuita hoy llamando a (212) 490-5700 o utilice nuestro formulario en línea.