Workers’ compensation benefits are available to injured employees in New York regardless of immigration status. This means you may qualify for medical coverage and wage replacement after suffering an injury or illness at work, even if you are undocumented.
Many immigrant workers hesitate to file a workers’ comp claim because they fear deportation or retaliation. Those concerns shouldn’t stop you from getting the support you need. Chopra & Nocerino is committed to upholding undocumented workers’ rights in relation to workers’ compensation, and we’re here to help you pursue the benefits you deserve.
KEY TAKEAWAYS
- Undocumented workers may get workers’ compensation benefits after an employment-related injury or illness in New York.
- Filing a claim is separate from immigration enforcement, and your employer cannot legally retaliate against you for seeking benefits.
- Our workers’ compensation lawyers can help you pursue the benefits you’re entitled to, regardless of immigration status.
Do Undocumented Workers Qualify for Workers’ Compensation in New York?
Yes, undocumented workers in New York may qualify for workers’ compensation benefits if they are injured in an employment setting. Your immigration status does not prevent you from receiving medical care, wage replacement, or other benefits available under the state’s workers’ compensation system.
Workers’ comp is a no-fault system, which means you do not have to prove that your employer did anything wrong to receive benefits. As long as your injury happened while you were performing job duties for your employer, you may be eligible for coverage.
What Benefits Are Available to Undocumented Workers?
If you qualify for workers’ compensation in New York, you may be entitled to many of the same benefits as any other injured worker. These benefits are designed to ease the financial burden of a work-related injury or illness and may include:
- All necessary medical treatment
- A portion of your lost wages based on your average weekly earnings and level of disability
- Additional cash payments for permanent loss of use of certain body parts
- Survivor benefits for families of workers killed on the job, such as funeral expenses and weekly cash benefits
Can You File a Workers’ Compensation Claim Without a Social Security Number?
Yes. You may file a workers’ compensation claim in New York without a Social Security number. The insurer may process your claim with an Individual Taxpayer Identification Number or other identifying information.
When gathering your information, the insurer’s role is not to determine whether you have lawful immigration status—it only needs to verify your identity and confirm that your injury is related to your job. The workers’ compensation process is separate from immigration enforcement. The insurer and Board generally use your information to identify you and process your claim, not to determine your immigration status.
Protection Against Employer Retaliation
You have the right to report a workplace injury and file a workers’ comp claim without being punished for it. New York’s workers’ compensation law prohibits employers from retaliating against employees for seeking benefits. Employer retaliation against undocumented workers is illegal in a workers’ compensation context.
This means your employer cannot lawfully fire you, threaten you, report or threaten to report you to immigration authorities, or otherwise punish you because you filed or attempted to file a workers’ compensation claim.
What Steps Should Undocumented Workers Take After a Workplace Injury?
The steps you take after a workplace injury can affect your health and your ability to recover benefits. Here’s how to protect both:
- Document the scene: Take photos or videos of your injuries and the conditions that caused them.
- Seek immediate medical attention: See a doctor from the state’s authorized providers list. Prompt medical care helps you create a record linking the accident to your injury.
- Report the injury to your employer: New York State law requires you to notify your supervisor of the injury within 30 days, but it’s best to do so as soon as possible. Ask for a copy of the incident report for your records.
- File Form C-3 with the Workers’ Compensation Board: Submit your claim with the New York Workers’ Compensation Board to formally begin the process. The Board must receive notice of your claim within two years of the accident.
- Keep records: Save all related medical records, receipts, pay stubs, and communication with your employer or the insurance carrier.
- Contact our workers’ compensation attorneys: We can guide you through the claims process and protect your right to benefits.
Common Myths About Undocumented Workers and Workers’ Compensation
Don’t let misinformation stop you from getting the benefits you’re entitled to. Here are some common myths and the facts about pursuing workers’ compensation benefits as an undocumented immigrant:
Myth: You cannot receive workers’ comp benefits if you’re undocumented.
Fact: Undocumented workers in New York may still qualify for wage replacement benefits and other types of workers’ compensation if they’re injured on the job.
Myth: Filing a workers’ compensation claim will lead to deportation.
Fact: Workers’ compensation is separate from immigration enforcement. Filing a claim does not involve reporting your status to immigration authorities.
Myth: Your employer will report you to immigration authorities if you file a workers’ comp claim.
Fact: It is against the law to retaliate against workers for seeking benefits, regardless of immigration status.
Myth: Independent contractors cannot receive workers’ compensation benefits.
Fact: Employers sometimes misclassify workers, especially those who are undocumented, as independent contractors. You may still qualify for workers’ compensation benefits if your employer treated you like an employee despite labeling you as a contractor.
How Chopra & Nocerino Support Injured Undocumented Workers
While New York’s workers’ compensation system is designed to protect workers, getting the benefits you’re entitled to isn’t always easy. Your employer may dispute whether your injuries are work related, misclassify you as an independent contractor, or try to take advantage of your immigration status to discourage you from filing a claim.
Our firm takes a direct, no-nonsense approach to these challenges. When you turn to us for help, we’ll investigate the circumstances of your injury, determine what benefits you’re eligible for, and pursue all available benefits on your behalf. Our New York City personal injury lawyers will push back against any efforts to deny what you’re owed, including potential threats to your immigration status—and we’re prepared to go all the way to court to fight for you.
With over 20 years of combined experience, our team has recovered hundreds of millions in verdicts and settlements for injured clients throughout New York. We provide compassionate, personalized support in a wide range of languages to meet the needs of the city’s diverse population.
Frequently Asked Questions
Get answers to common questions about workers’ compensation rights for undocumented workers below.
Will Filing a Claim Affect My Immigration Status?
You have the right to seek benefits for a workplace injury as an undocumented employee. The two systems are separate, and seeking benefits does not involve reporting your status to immigration authorities.
What if My Employer Says I Am an Independent Contractor?
Employers sometimes misclassify workers. This is especially common when employers know their workers are undocumented. Even if your employer claims you’re an independent contractor, you may still qualify for benefits depending on how much control your employer had over your work.
How Long Do I Have To File a Workers’ Compensation Claim?
New York State law requires you to notify your employer of the injury within 30 days and file a claim within two years.
Can I Be Deported for Filing a Workers’ Compensation Claim in New York?
Filing a workers’ compensation claim does not trigger immigration enforcement. New York has recently taken steps to protect undocumented workers from retaliation, including threats of deportation, when they participate in workers’ comp claims. In some cases, the state may even support requests for temporary protection from deportation while the claim is in progress.
What if My Employer Doesn’t Have Workers’ Compensation Insurance?
Most employers in New York are required to carry workers’ compensation insurance. If your employer is uninsured, the Workers’ Compensation Board may issue fines against it. The state’s uninsured employers’ fund may pay for your medical treatment and lost wages. You may also have the right to sue your employer for the injury.
What if I Don’t Speak English? Can Chopra & Nocerino Still Help Me?
Yes. Our team offers support in many different languages, including Spanish, Greek, Italian, French, Mandarin, Cantonese, Haitian Creole, Hindi, Urdu, and Punjabi.
Speak With a Team That Fights for You
If you were injured at work as an undocumented immigrant, you have an ally in Chopra & Nocerino. Our workers’ compensation attorneys are ready to fight for the benefits you deserve, starting with a free, confidential consultation. Contact us online or call (855) NYC-HURT to discuss undocumented workers’ rights regarding workers’ comp with a trusted member of our team today.
