Representation for Undocumented Workers on the Job

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.

At 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.

Categories: Workers' Compensation