Can undocumented workers receive compensation for work accidents in New York?

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Undocumented workers can receive money for their pain and suffering from accidents, and it’s a very common question we get asked when undocumented workers come in and they have an accident and they’re very hurt and they can’t continue to provide for their family and they’re very concerned about this. They 100% can receive money for their pain and suffering. It’s not an issue. It’s not something that’s usually permitted to be even addressed at the time of trial. It’s something that could be excluded by a legal maneuver called a motion in limine, which is often granted and it’s not permissible to be explained to the jury that they’re not documented. It’s also not a problem for them to receive the actual money. A lot of times undocumented people, even though they’re undocumented, they still have a tax ID number so that they can pay income tax. So even though they’re not in the country with, legal papers, they’re still paying taxes. So, yes, 100%, they can and do often file lawsuits and recover money for their pain and suffering. The one thing I will say is if for any reason that they do get deported, it is very difficult to continue on with the case because there are some requirements that they have to comply with. 1 is appearing for a deposition, and 2 is appearing for a medical exam that the defendants request. So if they don’t comply with those things, you cannot continue on with the case. So they have to remain in the country.

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