Undocumented Construction Workers Have Rights Too
Most construction workers in New York are immigrants, and more than half of these immigrant workers are undocumented. Regardless of immigration or employment status, all construction workers have rights designed to protect them if they’re injured on the job.
Landowners and contractors often exploit undocumented construction workers by using threats of deportation or contacting Immigration and Customs Enforcement (ICE). Lack of employment authorization, English proficiency, and social safety nets makes undocumented workers especially vulnerable to their employers. Undocumented workers are often hired at “shape ups,” locations where employers needing workers will come and choose laborers from a group of candidates. Many workers hired at shape ups don’t know they’re being exploited. They're sent to some of the most hazardous constructions sites and/or jobs without receiving basic safety training or equipment. Employers assume if an undocumented worker is injured, they can simply hire a replacement at the next shape up.
However, if you are injured while working on a construction site, your immigration status shouldn’t matter at all. All workers, undocumented or not, have the right to pursue workers’ compensation or a personal injury claim if they are injured as a result of an unsafe work environment. If you’re seeking compensation for your injuries, you can’t be questioned about your immigration status, and you cannot be reported to the authorities. Your undocumented status should never prevent you from exercising your rights.
Through workers’ compensation and personal injury lawsuits, you can stand up and fight back against these intimidating employers.
Workers’ Compensation
If you’re hurt while working on a construction site and cannot continue to work, your next step should be to file for workers’ compensation benefits. Workers’ comp will cover an injured employee’s medical expenses and partial lost wages. Of course, the dollar amount of workers’ compensation an injured worker can receive depends on the severity of the injuries, the overall costs, and the type of claim made. A personal injury attorney can help you navigate this process and make sure you get the maximum available compensation.
You might be concerned that filing a worker’s comp claim will lead to unwanted outcomes, specifically deportation. These are valid concerns, but there are powerful laws in place to protect you. Under New York City’s Human Rights Law, immigration status cannot be used against undocumented workers, and makes it illegal for employers to deport workers for exercising their rights after an injury. Not only do you have the right to file for workers’ comp; you may also have a case to pursue a personal injury lawsuit.
Personal Injury Lawsuits
New York has powerful state laws, known as “Labor Law,” which protect all workers in the state. Every worker is protected by these laws, no matter their immigration or employment status. Under Labor Law, all landowners, developers, and contractors are required to provide a safe working environment. If these laws are violated and you’re injured on the job, lawyers can help you hold the responsible parties accountable.
No personal injury lawsuit is exactly the same, but in order to get positive outcomes, you’ll need a reputable personal injury attorney fighting for you. With settlements and verdicts that can win you millions of dollars, companies and insurers will battle against your personal injury lawsuit every step of the way. They may try and use your status as an undocumented worker against you. They may even threaten deportation. But a personal injury attorney can help you receive the compensation you deserve, without any risk of deportation or information being shared with authorities regarding your undocumented status.
Attorney Michael S. Lamonsoff is one of New York’s top rated construction accident and personal injury lawyers. He has a track record of winning large awards for undocumented migrant workers. If you’re hurt, you’re hurt, and you don’t deserve to become a victim twice.
There's a reason they call him “The Bull.” Contact Michael today if you want to protect your rights and secure the compensation you deserve.
Or send him a message by clicking or tapping here: https://bit.ly/3FiPkHC