Table of Contents
- How Are Undocumented Individuals Injured in New York?
- Does Your Immigration Status Affect Your Rights in New York?
- Why Some Immigrants Do Not File Personal Injury Claims
- What Damages Can Undocumented Persons Pursue in a Lawsuit in New York?
- What Can You Do if You Have Been Discriminated Against as a Non-U.S. Citizen in New York?
- Seek Legal Guidance From an Experienced New York Personal Injury Lawyer
- New York Labor Protections Based on Immigration Status
How Are Undocumented Individuals Injured in New York?
Across New York, undocumented individuals are frequently injured on the job or around the city. The top employment industries for New York immigrants include food services, recreation, arts and entertainment, retail, health services, and construction—each of which comes with its own workplace hazards. About 85,000 immigrants in the city work in construction, which is notoriously one of the most dangerous industries in the nation.
High-Risk Industries for Undocumented Immigrants in New York
- Health care
- Retail
- Manufacturing
- Transportation
- Construction
- Warehousing
Common Accidents That Injure Undocumented Residents in New York
- Construction Accidents
- Workplace Injuries
- Slip, Trip, and Falls
- Pedestrian Accidents
- Car Accidents
- Truck Accidents
- Chemical Exposure
Does Your Immigration Status Affect Your Rights in New York?
If you work in New York City, you have legal rights regardless of your immigration status, national origin, or country of origin. The Division of Labor Standards and New York Labor Law protect all workers in the city and statewide, including undocumented and off-the-books workers. Employers are required to follow labor laws to ensure proper wages, meal breaks, rest days, overtime pay, workers’ compensation protections, and a discrimination-free workplace.
Under the New York City Human Rights Law, all New Yorkers are entitled to fairness and respect in the workplace. Employers are prohibited from paying lower wages or no wages to workers because of their immigration status, harassing workers over their nationality or immigration status, or punishing workers for speaking their own language. Additionally, employers may not threaten workers with calling the police or immigration enforcement if they speak out against labor law violations. Violations of these laws can be reported to the New York State Attorney General.
Why Some Immigrants Do Not File Personal Injury Claims
Many undocumented immigrants may choose not to file a personal injury lawsuit after being involved in an accident. There are many reasons why one may not wish to file, even though it is illegal for employers to punish or retaliate against workers who take action against discriminatory practices or file for workers’ compensation benefits. If you choose to file a personal injury lawsuit, your attorney may be able to suppress your immigration status in court.
Fear of Deportation
Under New York law, employers cannot threaten to have workers deported for filing a claim for workers’ compensation benefits. Undocumented immigrants also have the legal right to file lawsuits in the state of New York. However, with political pressure surrounding immigration rising, many immigrants are deported unlawfully with little chance of recourse. This is a valid fear to have as an undocumented worker, and it makes working with an experienced attorney all the more important.
Fear of Retaliation
In work-related personal injury cases, employers cannot retaliate against their employees for reporting labor law violations. It is illegal for employers to pay workers lower wages or threaten to call Immigration and Customs Enforcement to harass or intimidate workers because of their immigration status. Workers in New York cannot be punished for complaining about employers’ illegal actions, including violations of New York labor law, human rights law, and more. However, some employers have illegally retaliated before by calling ICE, firing workers, withholding pay, or reducing hours—know that while this may occur, you can fight it in court.
Lack of Resources
It can be difficult for some undocumented immigrants to know what their legal options are if adequate informational resources are not available to them. Additionally, many people believe filing a personal injury lawsuit will cost them a great deal of money. However, Lever & Ecker works on a contingency fee basis, meaning you won’t pay us anything unless we win your case.
Language Barriers
Many legal resources in New York are hard to find in languages other than English, and some immigrants may only feel comfortable speaking with an attorney who knows their primary language. At Lever & Ecker, our Spanish-speaking staff are ready to assist workers whose first language is not English.
What Damages Can Undocumented Persons Pursue in a Lawsuit in New York?
Whether it be for a motor vehicle accident, a workplace injury, or a slip and fall, undocumented immigrants may be able to recover compensation for a number of losses in a personal injury lawsuit. These can include:
- Pain and suffering
- Medical expenses (past and future)
- Lost wages (even without formal employment paperwork)
- Lost earning capacity
- Property damage, depending on the type of accident
What Can You Do if You Have Been Discriminated Against as a Non-U.S. Citizen in New York?
New York’s statewide hate crime laws protect all people from violence, threats, and harassment based on their race, origin, or nationality. New York City’s Human Rights Law also protects city residents from discrimination. If you believe you have been discriminated against because of your immigration status or national origin, you can contact the New York City Commission on Human Rights at 311 or 212-416-0197 to file a complaint. Under the city’s Human Rights Law, the complaint must be filed within one year of the last act of discrimination.
Seek Legal Guidance From an Experienced New York Personal Injury Lawyer
Even as an undocumented immigrant in New York, you have rights under city, state, and federal law. If you are injured in an accident and wish to pursue compensation for your injuries and other losses, Lever & Ecker’s award-winning New York attorneys are here to help you file a personal injury lawsuit. With more than 70 years of combined experience, our lawyers provide top-tier legal representation with an open line of communication in multiple languages.
With offices in White Plains, the Bronx, and Queens, we help injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you. To get started on your legal claim today with a free consultation, contact Lever & Ecker online or by calling one of our offices:
- White Plains – (914) 288-9191
- Bronx – (718) 933-3632
- Queens – (347) 391-6337
New York Labor Protections Based on Immigration Status
- Immigrants in New York have many of the same legal rights as citizens.
- It is illegal for a person’s employer, coworkers, or housing provider, such as landlords, to use derogatory or offensive terms to intimidate, humiliate, or degrade people, including by using the term “illegal alien.”
- Under federal law, employers must ask potential employees for certain documents to prove work authorization. However, it is illegal for employers to demand additional documents to prove work authorization because of assumptions about a worker’s immigration status or national origin.
- It is illegal for landlords or other housing providers to threaten to call ICE to harass, scare, or intimidate tenants because of their immigration status.
- It is illegal to punish or retaliate against someone because they took action against discriminatory practices, such as complaining at their workplace, or filing a complaint with the NYC Commission on Human Rights or another agency.
