Are Undocumented Immigrants Eligible for Workers’ Compensation?
New York is considered the most immigrant-friendly city in the country. Data shows that immigrants account for 44.2% of the city’s labor force. A significant percentage of these workers are undocumented. Close to 80% of the undocumented immigrants are in the labor force – particularly in high-risk occupations like construction.
One of the biggest misconceptions that many undocumented workers in New York have is that they do not have the same rights and are not eligible for the same benefits that documented workers are entitled to. It is simply not true.
If you are an undocumented worker, you have the same rights and are entitled to the same benefits, including and especially workers’ compensation benefits, as documented workers.
Workers’ Compensation Laws in New York
Under New York’s worker’s compensation laws, undocumented immigrants are eligible for the same benefits that are available to documented immigrants and US born workers. Even if you are employed as a part-time worker or if you are paid off the books, you are still eligible for workers’ compensation benefits – as long as the following conditions are met.
- Your injury, illness, or medical condition was caused because of your job duties or during the course of your employment.
- You notified your supervisor or employer within 30 days of the accident.
- Your physician’s report mentions that your injury, illness, or medical condition was caused by a workplace accident or due to the nature of your job.
Workers’ Compensation Benefits Available for Undocumented Workers in New York
Medical Benefits
Workers’ comp benefits cover a wide range of medical expenses including:
- Surgery and other treatments
- Hospitalization expenses
- Assistive devices
- Prescription medications
- Physical therapy
Lost Wage Benefits
If your injury, illness, or medical condition keeps you from work for more than seven days, forces you to work fewer hours than you normally work, or forces you to do other work that pays less, you might be eligible for lost wage benefits.
The wage replacement benefits you can receive include:
- Temporary Total Disability (TTD): If you are temporarily unable to work, you may receive TTD benefits, which generally amount to two-thirds of your average weekly wage, subject to certain maximum and minimum limits.
- Temporary Partial Disability (TPD): If you can work but earn less due to your injury, you may be eligible for TPD benefits, which compensate you for a portion of your lost wages.
- Permanent Total Disability (PTD): If your injury or illness leaves you permanently unable to work, you may be eligible for PTD benefits, which provide wage replacement for the long term.
- Permanent Partial Disability (PPD): If your injury results in a permanent partial disability but you can still work, you may receive PPD benefits. The amount depends on the nature and extent of your impairment.
Vocational Rehabilitation
If your injury prevents you from returning to your previous job, you may be entitled to vocational rehabilitation services to help you acquire new skills or find suitable employment.
Permanent Injury Awards
In case of a permanent physical or cognitive impairment, you might be entitled to a lump-sum settlement or ongoing payments, depending on the severity of the disability.
Workers’ Compensation Claims and the Threat of Deportment
One of the main reasons why many undocumented workers do not file a workers’ comp claim following a workplace accident is that they are concerned about getting deported.
The fact is that New York’s Human Rights Law explicitly prohibits employers from threatening to deport their undocumented workers. Apart from this, New York Governor Kathy Hochul recently implemented a new process to protect undocumented workers against threats of retaliation and deportment by employers. It protects undocumented workers who are involved in employment-related disputes from prosecution and potential removal and affirms their right to work legally for as long as they stay in the country.
Injured at Work? Our New York Workers’ Compensation Lawyers Can Help You Get the Benefits You Deserve!
If you are an undocumented worker who has suffered a work-related injury, the experienced New York workers’ compensation lawyers at the Law Offices of Michael S. Lamonsoff can help you get all the benefits that you are entitled to.
We can inform you of your rights, help you file a workers’ comp claim, and make sure you get all the benefits that are available to you under the law.
We have a deep understanding of New York’s workers’ compensation laws and labor laws and have more than 150 years of combined experience in civil litigation. We know how to get your employer to pay you what you deserve.
Call us today at 212-962-1020 or contact us online and schedule a free consultation with a New York workers’ compensation attorney.