What Happens If An Undocumented Worker Is Injured On A Construction Site
The construction industry is one of the largest in the U.S., but it also carries significant risks. In fact, the number of injuries sustained by construction workers are greater than any other industry. These injuries are often very serious, if not fatal.
If you are not a legal resident of the U.S., you might be concerned about having little to no rights. United States law says otherwise. Undocumented workers and their families have the same rights as legal workers and can seek compensation for construction site injuries.
At Polsky, Shouldice & Rosen, P.C., we have decades of experience in fighting for the rights of injured people. Our workers compensation attorneys have represented clients and their families regardless of where they are from or what their legal status may be. If you were injured while working on a construction site, please call us now to discuss the details of your case.
What happens if I am an undocumented worker and have been injured on a construction site?
Undocumented construction workers who are injured on the job often do not know their rights or feel scared to file a claim against the liable party because of potential immigration consequences. In truth, negligence is negligence. No matter what your immigration status might be, you can file a legal claim.
Depending on the state you are in, there are very differentiating laws that pertain to this type of case. For example, in Texas, the Supreme Court has said that a claimant’s immigration status cannot be used in a trial because it could cause the jury to be biased. Our workers compensation attorneys can explain to what the laws are in NY.
Injuries that May be Applicable for a Claim
Construction site injuries can be mild to moderate, severe, life-threatening, or fatal. When an injury causes significant financial damages, the undocumented worker may be able to recover monetary expenses for medical treatment, pain, suffering, emotional distress, wrongful death, and more. Injuries that may enable you to file a claim include:
- Head injury
- Brain injury
- Broken bones
- Loss of limb
- Loss of eyesight or hearing
- Muscle or nerve damage
- Electrical injuries
The Rights of Undocumented Workers
Undocumented workers are essential to the U.S. workforce. Regardless of what anyone would like to think, they have a large role in building the structures that house American businesses and residents. Undocumented workers are also some of the most injured, with up to 57 percent of fatal falls in NY construction accidents being Latino workers. The rights of undocumented workers include:
- The right to be free from discrimination
- The right to pursue compensation for any losses
- The right to be protected by state and federal wage laws
- The right to file for workers compensation or a personal injury claim
Undocumented Construction Workers Have Rights
If you have been injured on a construction site and do not have legal immigration papers or have other similar concerns, please call workers compensation attorneys NY clients recommend to learn about your rights and legal options.