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Construction Worker Falling Off Ladder And Injuring Leg

Non-Citizens Have the Right to Fair Compensation for a Construction Site Injury

MJP Injury Law Dec. 4, 2023

No one ever wants to suffer an injury, but unfortunately, accidents can happen. And if you've been recently hurt in a construction site injury as a non-citizen worker, then you may be worried about whether or not you're entitled to compensation. The good news is that non-citizens have the same right as American citizens to seek legal compensation for such an accident, no matter your immigration status.  

In this blog post, we will discuss why all workers should be aware of their rights and how they can exercise them when it comes to injuries at worksites. We'll also talk about ways to protect yourself in the future from similar incidents and answer any questions you might have regarding their right to fair compensation after a construction accident. 

As MJP Injury Law, we stand strong in our belief that everyone, regardless of citizenship status, has the right to fair compensation after an injury at a construction site. It's not just us, but the law in New York that backs this belief. If you're a non-citizen who has been injured in a construction site accident, it's crucial to understand your rights and the options available to you for seeking compensation. We recognize that dealing with a personal injury claim can be intimidating, especially if you're not a citizen. But there's no need to worry. We are here to help. 

Filing a Personal Injury Claim in New York 

In New York, non-citizens have the same rights as citizens when it comes to filing a personal injury claim. This means you can seek fair compensation for injuries sustained in a construction site accident. There are three main avenues to explore: workers' compensation, personal injury claims, and wrongful death claims. 

Workers’ Compensation 

Regardless of immigration status, workers' compensation benefits are available to injured workers. These benefits can cover medical expenses, lost wages, and rehabilitation costs. It's a vital avenue for compensation that aims to provide immediate financial relief while you recover from your injuries. 

Personal Injury Claims 

In some situations, as a non-citizen, you may pursue a personal injury claim against third parties whose negligence contributed to the accident. This additional compensation avenue can provide financial relief beyond what workers' compensation offers. It's not uncommon for construction site accidents to involve multiple parties, and we're skilled in identifying them and holding them accountable. 

Wrongful Death Claims 

The loss of a loved one in a construction site accident is an unimaginable tragedy. If a non-citizen construction worker loses their life due to such an accident, their family has the right to pursue a wrongful death claim. This claim seeks compensation for funeral expenses, loss of financial support, and the emotional pain of losing a loved one. 

OSHA and Immigration Status 

Irrespective of immigration status, workers are covered by the New York workers' compensation system. The Occupational Safety and Health Administration (OSHA) has identified four common construction accidents: falls, being struck by objects, electrocutions, and getting caught between heavy machinery or collapsing structures. These accidents can lead to serious injuries or even death. It's crucial for all workers, including non-citizens, to understand their rights and options for seeking compensation after a construction site injury

New York Workers' Compensation and Immigration Status 

In New York, undocumented workers can seek workers' compensation benefits if they are injured on the job. The state allows these workers to file claims and receive compensation for medical expenses, lost wages, and rehabilitation costs. This protection is particularly important for non-citizens who may be hesitant to seek help due to their immigration status. The workers' compensation system in New York is designed to provide fair compensation to all injured workers, regardless of their citizenship or immigration status. 

Immigration Status and Personal Injury Lawsuit 

While workers' compensation benefits are available to all workers, the ability to file a personal injury lawsuit may vary based on immigration status. It's crucial to consult with a qualified legal professional to understand the specific laws and regulations in your state. In some cases, non-citizens may be able to file a personal injury lawsuit in federal court, regardless of their immigration status. However, it's important to seek legal advice to determine the best course of action based on individual circumstances. 

Seek Fair Compensation Today 

Non-citizens who suffer a construction site injury in New York have the right to fair compensation. Workers' compensation benefits are available to all workers, regardless of their immigration status, and provide financial support for medical expenses, lost wages, and rehabilitation costs. Additionally, non-citizens may have the option to pursue a personal injury lawsuit in federal court.  

It's important to consult with a qualified legal professional to understand the specific laws and regulations that apply to your case. Everyone deserves fair compensation for their injuries, regardless of their citizenship or immigration status. If you’re located in Bronx, New York, contact MJP Injury Law for assistance. We also serve clients throughout Manhattan, Brooklyn, Queens, Staten Island, Westchester County, Nassau County, and Suffolk County.