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Are Undocumented Workers Entitled To Workers’ Comp?

While some people in today’s political climate do not wish to acknowledge it, America has always been a nation of immigrants. People from outside the United States have played an integral role in building our nation, particularly large diverse cities like New York.

Unfortunately, the immigrants in our communities are often some of the most vulnerable employees. After being hurt on the job, many are reluctant to report their injuries or seek workers’ compensation benefits out of fear for their immigration status. At Marder Eskesen & Nass Attorneys at Law, we are here to help.

Are Undocumented Workers Entitled To Workers’ Compensation?

In 2011, the Supreme Court of the United States declined to hear a case on workers’ compensation for undocumented immigrants, which means the decision whether to extend workers’ compensation benefits to these workers remains up to individual states.

All workers who are injured on the job in New York are entitled to workers’ compensation benefits. That includes immigrant workers without documentation. State law is clear on this point, reading, “Compensation under this chapter to aliens not residents or about to become nonresidents of the United States or Canada, shall be the same in amount as provided for residents…” Moreover, undocumented workers are entitled to the same benefits available to other workers. These include reimbursed medical expenses and a percentage of lost wages.

Comprehensive Advocacy For Immigrant Workers

With immigrants under increasing scrutiny by state and federal governments, it is critical that you work with lawyers who understand all the implications of a work injury claim for your immigration status and future employment prospects. At Marder, Eskesen & Nass, we have extensive experience handling all types of work injury claims and we are dedicated to helping workers of every nationality and immigration status protect their legal interests.

Contact Us To Learn More About Your Rights

Free Initial Consultation

To learn how our experienced team of workers’ compensation attorneys can help you after a workplace injury, we encourage you to contact us via email or call 800-588-1579. We can be reached 24 hours a day, 365 days a year, and your first consultation is always free.

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