What If I Am Illegal And Hurt On The Job?
Found On This Page:
- 1 What If I Am Illegal And Hurt On The Job?
- 184.108.40.206 Motor Vehicle Accidents
- 220.127.116.11 Mass Transit, Airplane & Maritime Accidents
- 18.104.22.168 Construction Accidents
- 22.214.171.124 Catastrophic Injuries
- 126.96.36.199 Slip-And-Fall Accidents
- 188.8.131.52 Hazardous Products
- 184.108.40.206 Medical Malpractice
- 220.127.116.11 Life & Disability Insurance
- 18.104.22.168 Nursing Home Injuries
- 22.214.171.124 Sexual Abuse & Harassment
- 126.96.36.199 LEARN MORE
- 188.8.131.52 CONTACT THE FIRM
It does not matter if you are a citizen of the United States or if you are an illegal immigrant. You still have rights to obtain your Workers’ Compensation benefits and you also have the right to sue a “third-party” to obtain compensation for your injuries.
It also does not matter if you were working in what is known as “off the books” you can still receive Workers’ Compensation benefits. Workers’ Compensation deals with persons getting hurt on the job. It doesn’t matter whether they are working on the books or off the books; you just have to prove that you were working when you were injured.
If you were injured while at work the law in New York is that you cannot sue your employer or co-employee claiming that they caused your injury as the Workers’ Compensation Law applies. It is a New York State law. However, you may sue others, who are then called “third-parties”, who may be held to be legally responsible for causing your injury. For example, if you are a delivery person who was making a delivery and you fell over a broken step, a box, a broken driveway, etc., you can sue the homeowner or the business to whom you were making the delivery.
A “third-party” is someone other than your employer who may be held responsible for causing your injury. This may be the owner of the building or the owner of the land or it may be the general contractor or a sub-contractor or the seller, manufacturer or lessor of a machine or other device.
If you are hired for a job that is particularly susceptible to being injured, such as if you fell off of a ladder or a scaffold while working at a construction site, under a specific section of the New York State Labor Law, §240, you can sue not only the owner of the building but also the owner of the land. If you are working for a sub-contractor on a construction job you may be able to sue the general contractor and/or a different sub-contractor as well as the owner of the building or land.
For example if, as a construction worker, you are given a tool such as a drill, saw, grinder, or other piece of equipment, which is missing a safety guard or is otherwise defective, the owner of the land and the general contractor may be held responsible under §241(6) of the New York State Labor Law if you were injured while using the defective equipment.
What you need to understand is that if you are hurt on the job, in addition to your rights to obtain your Workers’ Compensation benefits, if you believe your injury is the fault of a third-party, you also have a right to sue that party for your past and future pain and suffering, your lost wages and loss of future earnings capacity as well as for your past and future medical bills.
It does not matter if you are a citizen of the United States or if you are an illegal immigrant or if you were working in what is known as “off the books” and being paid in cash and never filed or paid taxes.
If you or a loved one were injured and are in need of legal assistance as a result of an injury suffered while at work, then call Jaroslawicz & Jaros at 917-842-9544, or toll free in New York 800-269-2780, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call to ensure that you do not waive your right to compensation. Or you can email us at firstname.lastname@example.org.
ABOUT OUR APPROACH
A Trusted New York Resource With More Than 300 Combined Years of Experience And over $1
Billion Recovered For Our Clients
CONTACT THE FIRM
FOR A FREE CONSULTATION