While Illegal immigrants do not have access to the full range of rights
and privileges that a citizen, permanent resident, or visa holder has,
they may be eligible for several federal and state benefits. For example,
they may attend primary school, receive emergency medical services, and
can qualify for
workers’ compensation benefits. In New York, every worker, including illegal immigrants, may be able
to receive workers’ compensation benefits if they have been injured
on the job.
According to the legal statutes regulating workers’ compensation,
immigration status does not play a factor in determining compensation.
This means that an illegal immigrant who suffers a work-related injury
may receive the same compensation as other workers. Benefits can cover
lost wages from missed work and costs related to medical expenses. While
New York interprets the law to give all personnel coverage, not every
state affords workers the same protections.
In New York, workers’ compensation benefits for illegal immigrants
remain in place despite the federal Immigration Reform and Control Act
(IRCA), passed in 1986. The IRCA prohibits companies from knowingly hiring
individuals who are not able to legally work in the United States. In
2006, the issue was brought before a judge. In Balbuena v. IDR Realty,
LLC, a court of appeals held that an injured worker’s immigration
status does not preclude compensation for lost wages and injuries.
Additionally, the surviving family of an illegal immigrant who suffered
a fatal workplace accident may be eligible to receive benefits. However,
the situation can be complicated when families live abroad.
New York Personal Injury Attorneys
If you have suffered a
work-related injury, it is critical to understand the rights and benefits available to you.
It is likely that you have questions about your claim and at Lurie, Ilchert,
MacDonnell & Ryan LLP, we can help you to understand your options. Our
NYC personal injury attorneys possess more than a century of collective experience and can work tirelessly
to maximize the strength of your claim. When your future is on the line,
call us and work with attorneys who have recovered $500+ million for clients.
You don’t pay unless we win your case. Call (646) 461-4009 or
request your FREE consultation today!