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If you are undocumented and part of the companies that are reactivating their economic activity, here is what you need to know.
Although the laws of the United States indicate that undocumented people are not eligible to work in the country, once an employer violates this rule, people, regardless of their immigration status receive constitutional rights that protect them from possible abuses.
In other articles we have mentioned some of these rights, but among others, there is the right to file lawsuits, to receive a salary, to health care and to a fair trial, inasmuch as "No state can deprive any person 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 use of the term "person" in the United States Constitution, gives rise to the fact that the right is not interpreted subjectively, but that everyone, regardless of race, religion, gender or nationality is respected and treated as a human being.
Additionally, it is understood that a person who acts under the orders of another is an employee and as such must be part of the insurance of the company for which they work, which in addition to medical care, must guarantee workers' compensation in case of suffering an accident.
Due to how the constitution is written, no undocumented worker will be subject to retaliation for filing a lawsuit, as they would be exercising a constitutional right; provided that it is done within the established timeframes, a person may file a workers' compensation claim in the following situations:
- Illnesses or injuries arising from repetitive movements.
- Falls that result in injuries or reduced mobility
- Noisy or unsanitary work space
- Trauma
- Employer negligence
Remember that a workplace accident is any sudden event that results in a physical, psychological injury or illness due to the performance of the activities for which you were hired, or others that are carried out under explicit instruction from your immediate supervisor.
How to proceed in these situations?
First, you must notify your employer of the accident; request a medical evaluation; seek legal advice on the step-by-step process to follow to file a lawsuit.At Conexión Legal we offer free consultation for your workers' compensation claim; contact us through this channel using the WhatsApp icon or by Scheduling your Consultation and explore solutions for your case.If you are an undocumented worker and your fear is that by filing this type of lawsuit your personal information will be shared with the immigration service and that this will result in possible deportation, the lawyers for labor cases at Conexión Legal, indicate that these proceedings are conducted in civil courts that not only do not take into account immigration status but do not share information with different government organizations.Find in us your best ally when it comes to enforcing your rights, at Conexión Legal you will find lawyers from different branches of law who in addition to filing your lawsuit can advise you on the appropriate process for adjusting your immigration status.
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