Immigrant Rights and Injury Law

If an accident injured you, including at work, your immigration status might make you hesitate to act.

Many immigrants, particularly undocumented immigrants, avoid filing workers’ compensation or personal injury claims because they fear it could lead to deportation or retaliation.

The reality is that New York State law prohibits employers and others from discriminating against you or threatening your immigration status for asserting your legal rights.

At The Perecman Firm, we are well-versed in immigrant rights and injury law.

Navigating these situations requires careful strategy, and that’s where our experienced, multilingual team comes in. Our attorneys speak Spanish, French, Haitian Creole, and Russian. We are committed to making sure you feel heard, understood, protected, and supported every step of the way.

Whether you need to pursue workers’ compensation or a personal injury claim, we will fight tirelessly to recover the compensation you deserve while protecting your rights and future.

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Your Rights as an Immigrant Worker in New York

New York State law offers broad protections for all workers, regardless of immigration status. This means you have the right to:

File a Workers’ Compensation Claim

If you are injured while working, you can file a claim for workers’ compensation benefits. These benefits include coverage for medical treatment, wage replacement while you recover, and compensation for permanent disabilities that affect your ability to work.

Seek Justice Through a Personal Injury Claim

If your injury resulted from someone else’s negligence, you may file a third-party personal injury lawsuit. This could apply to construction accidents, motor vehicle crashes, or unsafe conditions on someone else’s property.

Work Without Retaliation

Employers may not retaliate against you for asserting your rights.

Retaliation can take many forms, including firing, demoting, or threatening to report you to immigration authorities. Any of these actions are illegal, and we can take swift legal action if they occur.

Addressing the Fear of Deportation

It is understandable to feel apprehensive about filing a claim when your immigration status is uncertain. Many undocumented workers worry that reporting an injury or unsafe workplace will draw the attention of immigration authorities.

Here’s the truth: filing a workers’ compensation or personal injury claim does not automatically trigger deportation. Your case is a matter of state law and does not involve federal immigration enforcement.

However, your case may draw attention from Immigration and Customs Enforcement (ICE), particularly if you work with a lawyer who does not understand how to navigate these sensitive situations.

At The Perecman Firm, we have extensive experience helping undocumented workers recover compensation while protecting their privacy and security. We know how to handle claims to minimize exposure and shield you from additional risks.

Perecman Firm PLLC, Personal Injury Lawyers

Workers’ Compensation Benefits for Immigrant Workers in New York

Workers’ compensation is a no-fault insurance system designed to provide benefits to employees who are injured on the job. Immigration status does not affect your eligibility for these benefits. Whether you are a documented or undocumented worker, you have the right to:

Medical Care for Your Injury

Workers’ compensation will cover all necessary medical treatment related to your injury, including doctor visits, hospital stays, physical therapy, and medication. If you suffer a serious injury, this coverage can provide critical care without burdening you with medical debt.

Lost Wage Benefits

You can receive partial wage replacement benefits if your injury prevents you from working. These payments can help you and your family stay financially stable while you recover.

Permanent Disability Benefits

If your injury causes a long-term or permanent impairment, workers’ compensation provides additional benefits based on the severity of your disability. These benefits can support you as you adapt to life after a serious injury.

Types of Injuries Common Among Immigrant Workers

Immigrant workers often take on physically demanding jobs in industries like construction, agriculture, and hospitality. While these jobs are vital to the economy, they also come with increased risks of serious injuries.

At The Perecman Firm, our personal injury attorneys have handled claims involving:

Injuries in the Construction Industry

Construction is one of the most hazardous industries for workers, and many immigrants work in this sector.

Common injuries include:

Falls from Heights: Scaffolding, ladders, and unprotected edges are frequent sources of severe injuries such as broken bones, spinal cord damage, and traumatic brain injuries (TBIs).
Falling Objects: Tools, materials, or debris can fall and cause head injuries, even with safety equipment like helmets.
Machinery Accidents: Heavy machinery such as forklifts or cranes can malfunction or be improperly operated, leading to crushing injuries or amputations.
Electrocution: Faulty wiring or exposed electrical systems can result in life-threatening shocks or burns.

Injuries in Agriculture

Agriculture workers, many of whom are immigrants, face significant risks due to the physically demanding nature of their work.

Common injuries include:

Heat Stress and Dehydration: Long hours in extreme temperatures can lead to heatstroke, organ damage, or even death.
Repetitive Stress Injuries: Tasks like harvesting crops or operating machinery repeatedly can cause chronic pain in the hands, wrists, or back.
Equipment Accidents: Tractors and other agricultural machinery can lead to severe injuries if safety protocols are not followed.
Pesticide Exposure: Contact with harmful chemicals can result in respiratory problems, skin conditions, and long-term health issues.

Injuries in Hospitality

Immigrants are also highly represented in the hospitality industry, working in housekeeping, food service, and maintenance roles.

Injuries in this sector often include:

Slip-and-Falls: Wet floors or cluttered hallways can cause injuries ranging from sprains to fractures.
Burns and Cuts: Kitchen workers risk burns from hot surfaces and cuts from sharp tools.
Heavy Lifting Injuries: Housekeepers and maintenance workers frequently suffer back injuries from lifting heavy objects or performing repetitive motions.

How The Perecman Firm Advocates for Immigrant Workers

Our attorneys understand the physical, emotional, and financial toll these injuries can take on immigrant workers and their families. We fight to recover compensation for medical bills, lost wages, and long-term rehabilitation.

By focusing on industries that tend to employ immigrants, we have developed the experience necessary to navigate the complexities of these cases and achieve justice for our clients.

When you work with us, you’re not just another case file—we treat every client with care, respect, and a commitment to securing the compensation they need to move forward.

Steps to File a Workers’ Compensation Claim

If an accident injured you on the job, act quickly to protect your right to benefits.

The process involves several steps:

Notify Your Employer: You should report your injury to your employer as soon as possible, ideally within 30 days. This notice can be verbal or written, but documenting the report in writing provides a record of your claim.
Seek Medical Treatment: Visit a healthcare provider authorized by the New York Workers’ Compensation Board. Be honest about how the injury occurred and follow all recommended treatment plans.
File a Claim with the Workers’ Compensation Board: To officially start your claim, you must submit Form C-3 to the New York Workers’ Compensation Board. We can assist you with this paperwork to complete everything correctly and on time.
Work with an Attorney: Employers and insurance companies may try to minimize your benefits or deny your claim entirely. Our team will advocate for you, gathering evidence, filing appeals if necessary, and ensuring you receive the full compensation you deserve.

Personal Injury Claims for Immigrants

If someone else’s negligence caused your injury, you may recover additional compensation through a personal injury claim.

These cases often involve:

Construction Accidents: Falls, scaffolding collapses, and other dangerous incidents at construction sites.
Car and Truck Accidents: Collisions caused by reckless, distracted, or drunk drivers.
Unsafe Premises: Slip and fall accidents, falling objects, or other hazards on someone else’s property.

Compensation in Personal Injury Cases

Personal injury claims can provide compensation beyond what workers’ compensation offers, including:

Medical Expenses: Coverage for both immediate treatment and long-term care needs.
Lost Wages: Reimbursement for income lost during recovery and reduced earning potential.
Pain and Suffering: Compensation for physical and emotional trauma caused by your injury.

Because personal injury cases involve proving negligence, these claims require thorough investigation and strong legal advocacy. Our skilled attorneys can hold negligent parties accountable and maximize your recovery.

New York Laws Protecting Immigrant Workers

New York law takes a strong stance on protecting immigrant workers from abuse and exploitation.

Employers may not:

Retaliate against workers for filing injury claims.
Discriminate based on immigration status.
Threaten to report workers to immigration authorities as a form of intimidation.

If an employer violates these laws, we will hold them accountable.

You deserve to work for an employer who respects your rights, regardless of your immigration status.

The Importance of Acting Quickly After an Injury

Take immediate action to protect your right to compensation after an injury, whether at work or elsewhere.

In New York, both workers’ compensation and personal injury claims face strict deadlines, and any delay could jeopardize your ability to recover the financial support you need.

Legal Deadlines in New York

Workers’ Compensation Claims: You must notify your employer of your injury within 30 days of the incident. Additionally, you have two years from the injury to file a formal claim with the New York Workers’ Compensation Board.
Personal Injury Claims: New York law generally gives you three years from the injury to file a lawsuit for most personal injury claims. However, exceptions exist, such as shorter timeframes for claims against government entities.

Missing these deadlines can result in losing your right to seek compensation altogether. At The Perecman Firm, we complete and submit all necessary paperwork on time so you can focus on recovery.

Why Delays Can Harm Your Case

Delaying action after an injury can have several negative consequences, including:

Loss of Evidence: Physical evidence, such as hazardous equipment, unsafe working conditions, or damage from an accident, can be removed or altered quickly. Acting promptly allows us to secure and document this critical information.
Witness Memory Fades: Witnesses play an important role in many injury cases, but their memories can fade over time. The sooner we speak with them, the more accurate and detailed their accounts will be.
Insurance Company Tactics: Delaying your claim can allow insurance companies to argue that your injury wasn’t serious or wasn’t caused by the incident. Filing promptly strengthens your credibility and minimizes these arguments.
Medical Complications: Waiting to seek medical attention can worsen your condition and create gaps in your medical records, making it harder to prove the extent of your injuries.

How The Perecman Firm Acts Quickly to Protect Your Claim

When you contact us, we immediately begin building your case.

Our team:

Gathers evidence from the accident scene, including photographs, videos, and witness statements.
Coordinates with medical providers to document your injuries and treatment.
Files claims promptly to meet all deadlines and prevent delays.
Represents you in negotiations with insurance companies, ensuring they don’t exploit the situation.

By taking swift action, we strengthen your case and give you the best chance of recovering full and fair compensation.

Preparing for Your Free Consultation

At The Perecman Firm, we offer a free consultation so you can share your story with a lawyer who will evaluate your case and let you know if you have a claim we can help with. We want this process to be as productive and stress-free as possible.

This is your opportunity to share your story, learn about your legal options, and begin the process of seeking compensation for your injuries.

To help us better understand your case and provide the guidance you need, try to come prepared with certain documents and information. Don’t worry if you don’t have everything. We’ll gather what’s necessary as we move forward.

What to Bring to Your Consultation

Bringing the right documents and information to your consultation allows our team to assess your case more thoroughly.

Here’s a checklist of items that can help:

Medical Records and Bills

Copies of medical records detailing your diagnosis, treatment, and ongoing care.
Hospital discharge papers, imaging results (like X-rays or MRIs), and prescriptions.
Any bills or receipts for medical expenses, including doctor visits, medication, and therapy.

Proof of Lost Income

Recent pay stubs to show your earnings before the injury.
Documentation of missed workdays, such as a letter from your employer or a doctor’s note advising rest.
If self-employed, tax returns, invoices, or other records demonstrating lost income.

Accident Reports

Bring any incident reports filed with your employer or safety supervisor for workplace injuries.
For personal injury cases, bring police reports or other documentation that outlines the details of the accident, if applicable.

Correspondence

Any letters, emails, or texts from your employer, their insurance company, or other involved parties.
Denial letters or disputes from workers’ compensation or insurance claims.

Photos and Videos

Pictures or videos of the accident scene, your injuries, or any hazardous conditions that contributed to the incident.

Witness Information

Names and contact information for anyone who saw the accident or was present at the time of your injury.

Immigration Documentation (Optional)

While your immigration status doesn’t affect your legal right to file a claim, understanding your situation can help us better protect you throughout the process. You need not share this information if it makes you uncomfortable.

Our Intake Process: Designed to Make You Feel at Ease

At The Perecman Firm, we know that taking the first step to seek legal help can feel overwhelming, especially if you worry about your immigration status.

That’s why we’ve designed our intake process to be welcoming, compassionate, and stress-free.

Multilingual Support: Our team speaks Spanish, French, Haitian Creole, and Russian, so you can communicate in the language you’re most comfortable with.
No Judgment: We treat every client with respect and understanding, regardless of their background or immigration status.
Focused Listening: We take the time to listen to your story, answer your questions, and address your concerns so that you feel confident moving forward.
Confidentiality: All information shared with us is protected by attorney-client privilege. This means we cannot share your information with anyone else, ensuring your privacy and security.

What Happens During Your Consultation

When you arrive, our legal team will sit down with you to discuss your case in detail. We’ll ask questions to better understand what happened, review the documents you’ve provided, and explain your options under New York law.

We’ll also discuss the steps we can take to pursue your claim and how we will handle challenges, such as uncooperative employers or insurance companies. Our goal is to leave you feeling informed, empowered, and supported from the very first meeting.

No Documents? No Problem.

If you don’t have all the documents listed above, don’t worry. We’ll help you gather what’s missing. Whether that means obtaining medical records, securing witness statements, or filing formal requests for accident reports, we’ll handle the heavy lifting.

Call the Perecman Firm and Take the First Step Toward Justice

Attorney David Perecman — **David Perecman, Immigrant Rights And Injury Lawyer**

If you’ve been injured in New York City, Queens, or Long Island, don’t let fear or misinformation prevent you from seeking justice.

At The Perecman Firm, we are here to guide you through the legal process, protect your rights, and fight for the compensation you deserve.

Contact us today for a free consultation. Let us help you take control of your future. Call our New York City office at (212) 977-7033, our Queens, NY, office at (718) 587-0108, or our Jericho office on Long Island at (516) 268-0130. You can also contact us online.