If you are an undocumented worker in New York City, you may be afraid to file a claim if you are injured. However, you have rights and should pursue the compensation you deserve. This can help you recover your losses.
If you or a loved one are an undocumented worker and injured on the job, call Hecht, Kleeger & Damashek P.C. We will explain your rights and how to recover compensation.
Call 212-490-5700 or use our contact form for a free consultation. There’s no fee unless we win.
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.
Types of New York Construction Accidents
Notable
Results
$9,000,050
NYC Construction Workers Injured on an Exterior Scaffold
Read More ResultsCommon NYC Undocumented Worker Injuries
Many employers take advantage of undocumented workers. They may pay them less than minimum wage and treat them poorly.
Undocumented workers are often given the most demanding jobs on a construction site and in other industries. As a result of the dangerous situations undocumented workers are often put in, common injuries they sustain include:
- Falls from heights resulting in impact injuries
- Broken bones and fractures
- Traumatic brain injuries
- Lacerations
- Soft tissue injuries
- Internal organ damage
- Burns
These injuries may be extremely severe, and employers or workers may be reluctant to get medical care. They may be worried about getting deported. However, your primary concern should be to seek medical treatment. Then, you can call Hecht, Kleeger & Damashek P.C. to learn more.
Call HKD for Help
Our compassionate NYC personal injury attorneys know that your primary concern is remaining in the United States, taking care of your family, and getting the help you need to continue living a happy life. Hecht, Kleeger & Damashek P.C. will do everything we can to make this happen.
Call HKD today at 212-490-5700 or use the contact form for a free consultation. There’s no fee unless we win.
CLIENT REVIEWS
04/26/2021
Jonathan is incredible in the results, I recommend to all construction workers, incredible results.
5
ro mejia, HKD CLIENT
03/06/2021
I was in a very serious construction accident where I hurt my knee. I met with few lawyers including Jordan Hecht at Hecht, Kleeger & Damashek and I knew right away he was the one. Over the next few years…
5
Gail Ulrich, HKD CLIENT
12/27/2020
When thinking about what makes a good lawyer, we tend to focus on the firms they represent, whether or not they have or have had any notable clients. Prospective clients might search for lawyers based on the amount of money…
5
Dwane Eddy, HKD CLIENT
05/15/2019
“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”
5
Peter, HKD CLIENT