The construction industry is one of the most dangerous sectors in the US and, according to the latest statistics, it accounts for the most workplace fatalities in New York. With 2.1 recordable cases of illness and injury per 100,000 New York construction workers, it’s clear that the sector can be high risk but workers do have some level of protection if they sustain workplace injuries.
If a construction worker experiences a workplace injury, they may be eligible to claim workers’ compensation. In addition to this, it may be possible to make an additional claim if an employer has been negligent and this contributed to the accident.
Can Undocumented Construction Workers Claim Compensation?
Many people assume that undocumented workers will be unable to take legal action if they’re hurt at work but, fortunately, this isn’t the case. Studies show that immigrants account for 63% of New York’s construction workforce and estimates from The Center for Migration Studies (CMS) suggest that approximately 41% of these workers are undocumented.
With so many undocumented workers at risk of injury, it’s vital that people are aware of the rights undocumented construction workers have if they’re involved in a workplace accident.
In New York, state labor laws apply to both documented and undocumented workers and federal labor laws apply to undocumented workers throughout the country. This means that undocumented construction workers can be eligible to claim workplace compensation and/or file a personal injury claim against their employer if they sustain a workplace injury.
Are Undocumented Workers Deported After Filing a Claim?
If you’re worried about claiming personal injury compensation because you fear being deported, there’s no need to panic. Claiming workers’ compensation or filing a personal injury claim after a construction accident won’t result in deportation, as undocumented workers are protected under the law if they’re hurt at work.
How Much Compensation Can Undocumented Construction Workers Claim?
Undocumented and documented workers are treated the same when it comes to claiming personal injury compensation after an accident, so you won’t receive less financial compensation if you’re an undocumented construction worker.
However, the amount of compensation you’ll receive will depend on a number of factors, such as the severity of your injuries, the costs you’ve incurred, and the type of claim you make.
Seeking Legal Advice as an Undocumented Construction Worker in New York
If you’ve been injured while working in the construction industry, a construction accident lawyer can provide you with the advice and assistance you need, regardless of your immigration status. By seeking legal help, you can find out if you’re eligible to obtain compensation through workers’ comp or a personal injury claim.
In addition to this, an injury lawyer will handle every aspect of your claim and enable you to obtain the compensation you’re entitled to as quickly as possible.