Undocumented construction workers who are injured on the job have the right to file for New York workers’ compensation benefits. Unfortunately, many workers do not file claims, either because they are afraid of losing their job or they were told they are not eligible.
At the law firm Paris & Chaikin, PLLC, our attorneys are here to help you obtain the workers’ compensation benefits you need and deserve. No matter how you were injured, we offer a free initial consultation to discuss your case. From our law office in Manhattan, we represent undocumented workers throughout the New York City area.
Here are answers to questions that undocumented workers often ask us.
Am I Eligible for Workers’ Compensation Benefits If I Am Not in the United States Legally?
Your immigration status does not affect your eligibility for workers’ compensation benefits. If you are injured on the job or suffer from a work-related illness in New York, you are eligible for workers’ compensation benefits
Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
It is illegal for your employer to fire you in retaliation for filing a workers’ compensation claim. If you are fired after filing a claim, our lawyers may be able to sue your employer for wrongful termination.
New York is an employment-at-will state, however, and your employer could fire you for other reasons. Recovering your health should be your first priority. If your employer terminates your position while you are receiving workers’ compensation benefits, you can continue to receive those benefits.
Can I Sue My Employer?
Depending on your circumstances, you may be able to file a personal injury lawsuit against your employer, the property owner, a subcontractor or another party that is responsible for your injury.