Undocumented, Injured, and Afraid: You Still Have Rights in New York

Undocumented, Injured, and Afraid You Still Have Rights in New York

Many undocumented workers remain silent after serious workplace accidents—worried they could face legal trouble or deportation. But here’s the truth: In New York, your immigration status does not strip you of your rights. You still have the right to medical care, workers’ compensation, and even personal injury claims if someone else’s negligence injured you.

At Keith D. Silverstein & Associates, P.C., we’ve built our reputation on fighting for the underdog. We have secured multi‑million dollar outcomes for construction accident victims—$6 M for a ladder fall, $5.38 M for a rescue knee injury, $4.65 M for an undocumented worker—so we know exactly how to hold negligent parties accountable.

📌 Your Rights as an Undocumented Worker in New York

Protecting Injury Victims Without Questioning Your Status

  • Federal and state law protects medical rights for all workers, regardless of immigration status—including emergency treatment and follow-up care
  • New York allows undocumented workers to pursue workers’ compensation and personal injury claims—even if paid in cash or lacking authorization
  • Filing a claim does not trigger deportation. Civil courts do not report immigration status, and attorneys are bound to confidentiality standards

🛠 Common Types of Accidents for Undocumented Workers

  • Falls from ladders or scaffolding (Labor Law §240(1), §241(6)) on NYC construction sites
  • Slip-and-fall hazards on poorly maintained premises
  • Motor vehicle accidents involving work vehicles or while commuting
  • Equipment accidents, repetitive strain injuries, or hazardous exposures

✔ What You Should Do After a Workplace Injury

  1. Seek medical attention immediately. Document every injury and get early medical reports.
  2. Tell your employer and ask for a formal injury report.
  3. Preserve evidence—photos, witnesses, jobsite conditions.
  4. File for workers’ compensation—your employer is required to have insurance.
  5. Contact a personal injury attorney to explore civil claims for negligence or premises liability.

✅ Acting fast preserves evidence and strengthens your claim against long insurance delays or employer pressure to settle quickly .

⏳ Know the Deadlines That Protect Your Legal Rights

  • In New York, you generally have three years from the date of an accident to file a personal injury lawsuit .
  • However, claims involving government agencies (like MTA or NYC municipal entities) may have notice deadlines as short as 90 days.

Don’t let time slip away—contact our firm immediately to preserve your rights.

👨‍⚖️ Why Choose Keith D. Silverstein & Associates, P.C.?

  • 35+ years of combined experience on both plaintiff and defense sides
  • Proven results: $4.65M for injured undocumented construction worker, plus major victories for police officers and laborers
  • We treat clients like family—returning every call, responding promptly, explaining your legal options
  • Free initial consultation; you don’t pay unless we win

We proudly serve injured accident victims across Manhattan, Brooklyn, Queens, Staten Island, Westchester, Long Island & Putnam County.

💬 Real Success, Real Results

  • $4.65 million won for a construction worker despite immigration status
  • Multi-million-dollar settlements for severe injuries affecting income, mobility, and quality of life

Stories like these show we’re not afraid to fight for justice—even when others walk away.

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