What If I Am Hurt At Work, And I Am In The United States Illegally?

It does not matter if you are in the United States visiting on vacation, or if you have a Green Card, or if you are here as an undocumented immigrant, you still have the same rights to Personal Injury benefits when injured as a result of someone's negligence. The same holds true if you are injured while at work, as New York State's Workers' Compensation Law protects you as well.

Personal Injury claims allow you the right to sue a "third-party" such as a building owner, manufacturer, general contractors or even sub-contractors, other than your direct employer, for cash compensation for your accidental injuries.

Even if you are being paid "off the books" you can still qualify for Workers' Compensation benefits, plus you have the same right to sue a "third-party" when accidentally injured. Workers' Compensation benefits are paid when you are hurt while at work. Just as long as you are injured on the job, regardless of your immigration status, you may be entitled to cash compensation benefits.

New York Workers' Compensation Law states that if you are injured while at work, you cannot sue your direct employer or co-employee claiming that they caused your injury. However, you may sue for a "third-party's" negligence that resulted in the accidental injury, such as delivery people, safety inspectors or worker's employed by other contractors on the job that are not employed by your employer. Contact Julio Cesar Román, ESQ to discuss your rights to compensation.

Regardless of your immigration status, you are protected under New York State's Labor Law, §240. If you are injured as a result of falling off a ladder or scaffold while working at a construction site, or trip and fall on debris, or the worksite conditions are hazardous, then you are protected under sections of New York Sate's Labor Law. The owner of the building and land, along with general and sub-contractors, plumbers, electricians, delivery people, all may be held liable for your injuries and you may be compensated for the injuries you sustained.

For example, if a laborer is given a piece of equipment, such as a saw, grinder, drill, roller, wrench, forklift, ladder or any other type of tool that is missing a safety guard or is otherwise defective, then under §241(6) of the New York State Labor Law, the general contractor, site manager or building or land owner may be held responsible for your injures that resulted from any type of defective equipment.

If you believe your injury is the fault of a "third-party's" negligence while at work, then in addition to your rights to Workers' Compensation benefits, you may also have the right to sue for your lost wages, a loss to your earning's capacity, for your past and future medical bills, as well as past and future pain and suffering that was a result of this injury.

If you or a loved one were injured and are in need of legal assistance, contact Julio Cesar Román, ESQ for a FREE Consultation. There is no out of pocket legal fees when you work with our firm as we work on a contingency fee basis, which means we get paid only if there is a recovery of cash compensation. Lawsuits must be filed prior to the statute of limitations expires, so contact Attorney Román at 866-701-6729 or via email as soon as possible. Hablamos Espanol.