Immigration status doesn’t affect your workers’ comp rights

On Behalf of | Aug 13, 2021 | Workers' Compensation

People from all over the world come to live in New York. It is a common immigrant destination as a city with many opportunities and with many ethnic neighborhoods. There are plenty of different industries in New York, meaning people in many professions can find opportunities.

Immigrants play a major role in the New York economy. They start businesses, take entry-level jobs and even secure visas because they are skilled and educated workers. New York and federal law extend certain protections to workers regardless of their immigration status.

Even undocumented workers in New York still have basic employment and civil rights. They have the right to a safe workplace, proper training and safety equipment. They also have the right to file a claim for workers’ compensation coverage if they get hurt on the job.

Employers should not threaten or punish workers for requesting benefits

Companies have to pay for workers’ compensation coverage for each of their employees regardless of their immigration status. The policy your employer carries will provide you with medical coverage and disability benefits if you can’t return to work immediately after getting hurt on the job.

Your employer should support you when you get hurt at work. They should not punish you for your injury. Threatening to fire you or writing you up is an inappropriate form of employer retaliation. The same is true of threatening to fight your benefit request or report you for your immigration status because you got hurt.

Knowing your rights as an undocumented worker can help you get the benefits you need after a job injury.