Are Illegal Immigrants Eligible For Workers Compensation in NY?

Undocumented workers in New York are fully eligible for workers’ compensation benefits, regardless of immigration status. These benefits include medical treatment, wage replacement, and compensation for permanent injuries. However, undocumented workers often face unique challenges when filing a claim. This is where Cass and Peters come in, guiding injured workers from the very beginning of the process.

Common Fields of Work for Undocumented Workers
Undocumented workers are often employed in high-risk industries, including:

Construction: This sector is notorious for risks such as falls, machinery accidents, and unsafe conditions.
Agriculture: Farmworkers handle labor-intensive tasks like harvesting, often using heavy equipment, which increases the risk of injury.
Hospitality and Food Service: Jobs like dishwashing, housekeeping, and kitchen work can lead to injuries from repetitive motions, burns, and falls.
Manufacturing and Warehousing: Employees in these fields face hazards like heavy lifting, machinery use, and exposure to chemicals.
Challenges in Filing Workers’ Compensation Claims
Despite being entitled to benefits, undocumented workers often encounter several barriers when filing claims:

Fear of Retaliation: Many workers fear being fired, deported, or reported to immigration authorities if they file a claim.
Lack of Knowledge: Many undocumented workers are unaware of their legal rights and may not know they are entitled to workers’ compensation.
Employer Misconduct: Some employers mislead workers, falsely claiming they are ineligible for benefits or refusing to report the injury to the Workers’ Compensation Board.
How Cass and Peters Can Help You File a Claim
At Cass and Peters, we assist injured undocumented workers every step of the way, starting with a free consultation. Here’s how we can help:

Initial Consultation: We’ll review your case, explain your rights, and outline the workers’ compensation process at no cost.
Report the Injury: We guide you in properly notifying your employer within the 30-day reporting period required by law.
Seek Medical Treatment: We help you connect with an authorized doctor, ensuring that your injury is well-documented as a work-related incident.
Document the Incident: Our team assists in gathering evidence, including detailed records of the accident, witnesses, and other supporting information.
File Your Claim: We help you fill out and submit Form C-3 to the New York Workers’ Compensation Board, ensuring your claim is filed correctly.
Legal Representation: We advocate for you if your employer tries to deny or dispute your claim, protecting you from retaliation and ensuring you receive the benefits you deserve.
Follow-Up: Our attorneys continue to monitor your case, ensuring all paperwork and deadlines are handled promptly.

At Cass and Peters, we specialize in helping undocumented workers navigate the complexities of workers’ compensation claims. Don’t let fear or confusion prevent you from getting the compensation you deserve. Contact Cass and Peters today for your free consultation!