Serving injured workers

In Albany Since 1925

Does compensation for a workplace injury depend on status?

On Behalf of | Jun 3, 2021 | Workers' Compensation

Immigrant employees work alongside American citizens in virtually all professions across the United States. As such, documentation shouldn’t affect the benefits available through an individual’s job.

Federal and state labor laws prohibit discrimination at work. For example, an employer can’t base hiring decisions on your national origin or skin color. They also can’t retaliate against you for protecting your interests after you get hurt.

Rights for injured immigrant workers

Everyone should be able to complete their assigned job duties as safely as possible. Taking care of yourself after a job-related injury is part of holding employers accountable for their negligence.

Some companies take advantage of workers who depend on a steady income to remain in the U.S. They may require unpaid overtime, make inappropriate advances or threaten to report you for speaking out against maltreatment.

Fear of deportation could factor into the high rates of fatalities among undocumented workers. Nobody wants to risk their freedom by drawing attention to safety violations. Yet, that’s a choice you shouldn’t have to make.

Deportation isn’t necessarily the answer

A lack of citizenship shouldn’t stop you from seeking the help you need after a job-related accident. If you suffer a workplace injury, the medical attention required to recover should be your employer’s responsibility.

Your employer doesn’t have the right to prohibit you from getting the financial help you need to have peace of mind about the future. Furthermore, it’s important to understand that retaliatory actions related to filing for workers’ compensation may entitle you to further legal action.