Workman's Compensation

Are undocumented workers eligible for workers’ compensation?

Undocumented workers are eligible for workers’ compensation. Undocumented immigrants are protected by many of New York’s labor and employment statutes. This includes the right to file for workers’ compensation benefits if they are injured or fall ill on the job as a result of a covered incident.

Know your rights about workers’ compensation as an undocumented worker

Sometimes an employer may give you misleading information if you are not in the United States as a documented worker. You have the right to consult an attorney to help you understand your rights.

You should be aware that:

  • Employers may not exclude undocumented workers from receiving workers’ compensation.
  • Employers are obligated to report wages of undocumented workers.
  • Employees may qualify for workers’ compensation benefits regardless of fault.

How to file a workers’ compensation claim

Your health comes first. Make sure you get medical treatment for your injury or accident and follow your healthcare provider’s instructions.

The steps for filing a workers’ compensation claim include:

  • Report the injury or accident to your supervisor.
  • Contact a Workers Compensation Lawyer or file a workers’ compensation claim using the online portal at the New York State Workers’ Compensation Board website.

What workers’ compensation covers for a workplace injury

Workers’ compensation is insurance that is available to workers at no cost to them. It is designed to cover certain expenses if an employee is injured on the job.

Your workers’ compensation benefits may be slightly different from those below, depending on the nature of your injury.

Most benefits cover:

  • Medical care and treatment, including rehabilitation and nursing care.
  • Cash payments for missed workdays based on a percentage of your regular wages.
  • Disability compensation.
  • Death benefits for surviving family members who lost a loved one on the job.

You may also file a lawsuit to pursue damages for workplace injuries

Depending on the nature of the workplace injury, undocumented workers may also submit an insurance claim or file a personal injury lawsuit to pursue monetary damages for their bodily injuries.

Workers’ compensation may be inadequate if you are severely injured or require extensive rehabilitation from your accident. You could be entitled to pursue monetary damages from the liable party who caused or contributed to your injuries.

Undocumented workers may file a lawsuit for workplace injuries

Oresky & Associates, pllc, has helped many undocumented workers recover damages regardless of their immigration status. We can help you determine if there is a responsible third party to make a claim against to compensate you for your injuries and damages.

You should not have to suffer financially when someone’s reckless act caused you pain and suffering.

You may be able to recover damages such as:

  • Lost wages
  • Pain and suffering caused by injuries (past and future)
  • Medical care and treatment
  • Your spouse may recover for loss of services

For over 30 years, Oresky & Associates, pllc, has helped injured New Yorkers recover over $400 million in damages through settlements and verdicts. Our friendly, bilingual (fluent in Spanish and English) staff walks you through the entire process with compassion and understanding.

Some of our largest victories involved undocumented workers who were injured on the job, including:

  • An $18 million verdict for an undocumented construction worker severely injured in a scaffolding fall.
  • A $7.5 million settlement for an undocumented construction worker injured in a sidewalk bridge accident.

Here are a few comments from our clients:

  • “I was overwhelmed with medical bills. I called Oresky & Associates…Jacob always made me feel like my case was the most important. The settlement was excellent…”
  • “I had a construction accident. I retained Jacob Oresky & Associates, pllc as my attorneys and they won my case with excellent results.”

Our law firm is ready to help you recover damages for a workplace injury

Undocumented workers are eligible for workers’ compensation but sometimes these benefits are not enough. Depending on the circumstances of your accident or injury, you may be able to sue for additional damages.   Our team can help you determine if there is a responsible third party to make a claim against in addition to any  claim that you are entitled to for workers compensation.

Get a free consultation about your workplace injury from Oresky & Associates, pllc. Call (718) 993-9999 to speak with a friendly team member.

Your Legal Status Doesn't Matter

We’re Ready to Review Your Case and Fight for You

Our convenient office locations in the Bronx, Queens, and Manhattan are staffed with bilingual staff members who are prepared to help you recover money for your losses. We will handle everything involved with your personal injury case.

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