With a few exceptions,
undocumented workers enjoy all of the legal rights and remedies offered to workers by both
federal and New York law. If you know your rights under the New York State
Labor Law, you can protect yourself in the workplace.
For example, everyone has a right to earn at least the minimum wage, no
matter what type of job it is or who the worker may be—including
undocumented immigrants. If you work more than 40 hours a week, you should
receive extra pay for overtime, although there are exceptions for farmworkers
and home care workers.
As an Undocumented Worker, Can I Receive Workers’ Compensation Benefits?
Yes. All workers who are injured on the job—including undocumented
workers—are eligible for
workers’ compensation benefits in New York to cover the cost of medical treatment and, in some
cases, lost wages.
In many cases, however, when undocumented workers are injured at work,
employers attempt to use the federal Immigration Reform and Control Act
(IRCA) to deny undocumented workers’ compensation. In general, IRCA
makes it unlawful for employers to knowingly hire an unauthorized alien.
But since the U.S. Supreme Court has declined to rule on this issue and
clarify the issue, states are left to decide for themselves whether undocumented
immigrants are entitled to receive workers’ compensation benefits.
How Our New York City Workers’ Comp Attorney Can Help
When undocumented immigrants suffer a work injury, they are often too afraid
to file a claim. Additionally, employers may choose to fire them because
they have a workers’ compensation claim.
Lurie, Ilchert, MacDonnell & Ryan LLP, we understand that if you are an undocumented immigrant, your employer
cannot take advantage of you by denying your right to workers’ compensation
in New York State. None of our clients has ever been arrested or deported
due to being represented by our
New York City personal injury attorneys for their claim.
For more information,
contact us and request a
free consultation today.