Although it is practically impossible to know a real figure, some studies suggest that, just in New York City alone there are more than 500,000 undocumented workers, and around 12 million throughout the United States, of which unfortunately, many do not report their injuries nor seek medical attention after a work accident due to their immigration status.Undocumented workers are among the hardest working people in this country, and also the most exposed to dangerous working conditions or the violation of their rights as workers, compared to American workers.
According to the Fourteenth Amendment of the United States, "no state can deprive of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws".The term "person" mentioned in the Constitution gives immigrants the right to file lawsuits in courts for the violation of the rights of illegal workers. Therefore, those who suffer an injury or illness from their work or due to the fault of another person, company or institution have the right to claim compensation and be represented by an accident lawyer.
If you are undocumented, and suffer an injury you can receive legal advice from an undocumented workers lawyer expert in compensation who will help you obtain benefits such as payment for doctors, medicines, treatments, and more.At Conexión Legal, we are a group of expert lawyers capable of providing free and personalized guidance regarding the rights of undocumented workers. Make an appointment and allow us to help you.Many undocumented workers assume that they do not qualify to receive workers' compensation benefits, or fear that such a request for compensation for work accidents will expose them to punishment and even deportation, so they do not report and expose themselves even more to the poor working conditions in which they find themselves.
How Does Workers' Compensation Work in California?
Although workers' compensation laws differ from state to state, fortunately, for a long time in California's case, the reality and importance of the undocumented working population has been recognized, which is why measures were taken to provide protection and rights to injured undocumented workers despite federal restrictions.
How Does Workers' Compensation Work in New York?
In New York it is recognized that all workers deserve adequate compensation after a work injury. Under state laws, all injured workers are eligible to receive workers' compensation, regardless of their immigration status.
The workers' compensation system is designed to pay your medical bills and partially restore lost income when your injury prevents you from returning to work. After being seven days without working, New York's system provides you with:- Two-thirds of your weekly salary at most, with a maximum limit of $500 dollars per week. This applies to total disability, as well as maximum partial disability; if you are partially disabled (retain some work capacity), weekly benefits are reduced.- Reimbursement for medical care directly related to the work injury or illness, including ongoing care. You must submit a benefits request within 30 days after suffering the original injury.
In addition, other benefits could include: supplementary income, which applies to those who became permanently or totally disabled due to a work injury that occurred before January 1, 1979 and to widows and widowers of those who died from a work-related injury before that date.The above is added to:
- Social Security Disability: If you became permanently disabled or are expected to be unable to return to work for 12 months or more, you may be entitled to Social Security benefits (SSDI), in addition to your workers' compensation payment.
- Unemployment Insurance: In some cases, you may receive unemployment benefits in addition to workers' compensation (never for a total greater than your previous salary).
- Union Benefits: If you belong to a workers' union, you may be entitled to disability benefits.
- Private Disability: If you have short or long-term private disability insurance, you must be paid any salary or medical care not covered by state benefits.
Death benefits are paid to the spouse, minor children and sometimes to other family members when a worker dies as a result of an injury at the workplace or an occupational illness. Weekly benefits equal two-thirds of the employee's wages and workers' compensation also pays funeral expenses for up to $6,000 dollarsIt is very important that you know that the courts where workers' compensation accident cases are resolved are civil and do not share information about people's immigration status with any state or federal government entity that regulates immigration status.
Therefore, if you had an accident, regardless of your immigration status, you have the right to be represented by an undocumented workers lawyer and file a lawsuit if you or a loved one are injured or a family member died due to another person's negligence. Immigration status will not be taken into account during the case resolution or litigation process.
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