Can an Undocumented Immigrant File a Personal Injury Lawsuit in New York?
The topic of undocumented immigrants has been a hot topic in recent years, especially since the 2016 presidential election season. Do undocumented immigrants pay taxes? Should they be entitled to healthcare benefits? Should they be deported if they have children in the United States? These questions have sparked heated debates throughout the 50 states. What about immigrants filing a personal injury lawsuit? Can an undocumented immigrant bring a legal claim against others to recover damages for their injuries? The answer is yes.
If an Undocumented Immigrant is Injured by the Negligence of Another Individual, a Lawsuit May be Filed to Recover the Costs of Medical Bills, Lost Wages, and Other Damages.
Undocumented immigrants have been hired in thousands of construction jobs across the country. Unfortunately, many of these workers are intimidated by their bosses or by other employees. They are told that, if they are injured on the job, they cannot report it because they will be deported. They are told that, because they are not legal citizens, they have no right to recover damages for their injuries. Undocumented workers will, in turn, lie about their injuries in hospital settings so that doctors and nurses do not know that they were work related. They may leave the scene of a motor vehicle accident, even if they are injured, for fear that they will get deported if they file a claim.
However, the laws of New York protect all residents, whether documented or undocumented. If you or a loved one is an undocumented immigrant, do not let your status scare you away from filing a claim. Medical bills and other expenses in personal injury and workers’ compensation claims may reach into the tens of thousands of dollars. You should not be forced to pay these expenses when you were injured through no fault of your own.
At the Law Office of Cohen & Jaffe, LLP, our personal injury lawyers have assisted undocumented immigrants with civil claims. Our attorneys will protect your legal rights as we work to maximize your compensation. If necessary, we will consult with a skilled immigration attorney to ensure you are not at risk of being deported.
Depending on the individual facts of your claim, you may be entitled to numerous types of damages, including medical bills, lost wages, pain and suffering, the cost of future medical care, the cost of making alterations to one’s home (such as wheelchair ramps), and other expenses that may be linked to the incident.
There is no reason to suffer and risk financial ruin simply because of your legal status. Speaking with an experienced New York personal injury or workers’ compensation attorney will provide the legal protections you need and deserve.
Speak with a Long Island Immigrant Worker Injury Lawyer Today
If you or someone you know is an undocumented worker and has sustained a workplace injury, you have a right to file a claim. The injury attorneys at the Law Office of Cohen & Jaffe, LLP are here to help. Contact us to schedule a free consultation and discuss your options at 516-358-6900. As always, our consultations are free.