What Claims Apply to Undocumented Workers?
Regardless of your status, you have multiple options to recover the compensation you need to move forward with life.
NYC Workers’ Compensation Claim
Undocumented workers are eligible for workers’ compensation in New York. However, it can be difficult to win these cases if the employer or insurance company denies your claim or tries to delay it illegally. You should immediately reach out to a NYC workers’ compensation lawyer who can guide you through a work injury claim without the worry of deportation.
Filing A New York Personal Injury Lawsuit
If someone other than your employer or a coworker is responsible, you may be able to file a personal injury lawsuit in court against the at-fault party. Or, if your employer acted intentionally or egregiously violated laws or government regulations, they may also be liable for a lawsuit.
Hecht, Kleeger & Damashek P.C. can help you recover:
- Past and future medical expenses
- Lost wages
- Loss of earning capacity
- Disability
- Disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
If a loved one died due to a work injury, you might have a valid NYC wrongful death claim. Even if your loved one was an undocumented worker, the family could recover damages.
OSHA Complaint
If your employer violated an OSHA regulation, then you can file a complaint through the Occupational Safety & Health Administration. An OSHA investigator will investigate the situation and ask you questions when you file a complaint. The goal of the investigation is to identify and correct the root cause of the hazard or injuries.
It does not matter if you are a citizen or an undocumented worker. You can still file an OSHA claim. The information obtained in the OSHA investigation can then be used in your personal injury lawsuit to recover compensation.
Who Does OSHA Protect?
OSHA protects workers regardless of immigration status. Thus, if you are an undocumented worker and are injured on the job, you can still file a complaint through OSHA.
The only workers that OSHA does not cover are:
- Self-employed people
- Workers on small farms that only employ immediate family members
- Domestic workers in private homes working directly for a family
- Government employees covered by similar laws, such as New York state employees covered by the Public Employee Safety and Health Act
Other than these individuals, OSHA covers everyone working for private employers in nearly every industry.
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