In New York, workers injured on the job are entitled to workers’ compensation benefits regardless of their immigration status. This means undocumented workers have the right to recover benefits for medical treatment and a percentage of their lost income by filing a claim with their employer’s workers’ compensation carrier. Similarly, surviving family members of undocumented workers killed in fatal workplace accidents are entitled to workers’ compensation death benefits. To recover workers’ compensation benefits, the following must apply:
- Your injury or illness is work-related.
- Your employer carries workers’ compensation insurance (NY law requires most employers to carry workers’ comp insurance).
- You meet applicable deadlines for reporting your injury and filing a claim.
Injured on the Job? You Have a Right to Seek Workers’ Comp.
New York workers’ compensation statutes allow undocumented workers to recover the same amount of benefits as legal residents despite the fact that the federal Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an undocumented individual to work in the United States. The IRCA requires employers to only hire persons who may legally work in the U.S. However, in Balbuena v. IDR Realty, LLC (6 NY3d 338, 363), the Court of Appeals of New York ruled that: “an injured employee’s status as an undocumented alien does not preclude recovery of lost wages in a personal injury action.” This means the IRCA doesn’t automatically pre-empt the NY Workers’ Compensation Board practice of ignoring immigration status when determining workers’ compensation eligibility. While undocumented workers are encouraged to file workers’ comp claims after being hurt at work, many fear that if they do seek benefits, they’ll be terminated or retaliated against by their employer. While there are indeed employers who mistreat their workforce, there are also laws that protect workers and require employers to comply with the law. Because benefits can help workers pay for medical treatment and make ends meet while they recover, it’s important to understand that:- It is your right to receive workers’ compensation after suffering a work-related injury or illness, even if you are undocumented.
- Our laws prevent employer retaliation against workers who exercise their right to file workers’ compensation claims.
- An experienced attorney can help you navigate the process of recovering benefits while protecting your rights every step of the way.