If you work in Woodbury and have been injured on the job, you may wonder whether you can get workers’ compensation benefits. The answer is yes. Under New York law, undocumented workers have the same right to workers’ compensation as other employees. Immigration status does not determine eligibility for workers’ compensation benefits when a worker is injured on the job.
This guide explains what to know about whether undocumented workers can get workers’ compensation in New York, what benefits may be available, and what steps can help protect your rights.
Yes, Undocumented Workers Are Eligible for Workers’ Compensation in New York
New York law is clear that undocumented workers may be eligible for workers’ compensation benefits. In general, eligibility depends on whether the injured person is an employee, not on immigration status.
When you are injured at work in Woodbury or elsewhere in New York, workers’ compensation coverage generally depends on your employment status. If your employer hired you to perform work and controls how you do that work, you may be considered an employee covered by workers’ compensation insurance.
Key eligibility points:
- You do not need a Social Security number to file a claim or receive benefits.
- Your employer’s workers’ compensation insurance may cover your injury.
- You must report the injury to your employer within 30 days.
What Benefits Can Undocumented Workers Receive?
If you are injured at work, you may be entitled to several types of benefits. These benefits are generally the same whether a worker is documented or undocumented.
Medical benefits can cover reasonable and necessary treatment for a work injury. This may include doctor visits, hospital care, surgery, physical therapy, and prescription medications. You can receive treatment from an authorized provider in New York’s workers’ compensation system.
Cash benefits may replace part of your lost wages while you recover. In many cases, workers’ compensation provides a percentage of the worker’s average weekly wage, subject to state limits. These payments may continue as long as the medical evidence supports an inability to work because of the injury.
Temporary disability benefits may apply while you recover from an injury. Permanent disability benefits may apply if the injury causes lasting impairment that affects your ability to work.
Death benefits may be available to a surviving spouse, children, or other qualifying dependents if a worker is killed in a job-related accident. These benefits may help with funeral costs and lost financial support.
Why Choose Fusco, Brandenstein & Rada, P.C. for Your Workers’ Compensation Claim
When you are injured at work, you need a law firm that understands workers’ compensation law. Fusco, Brandenstein & Rada, P.C. helps injured and disabled New Yorkers with workers’ compensation and other disability-related claims. The firm’s Woodbury office is located at 180 Froehlich Farm Blvd, Suite 1, Woodbury, NY 11797.
Fusco, Brandenstein & Rada, P.C. handles workers’ compensation claims, including initial filings and appeals of denials, and offers free consultations through its Woodbury office.
Common Concerns Undocumented Workers Have About Filing a Claim
Many undocumented workers hesitate to file a workers’ compensation claim because they fear it could affect their immigration status. That concern is understandable, but workers’ compensation rights are based on employment status rather than immigration status.
It is important to know that you have the right to seek legal representation. New York workers’ compensation law may provide protections if an employer retaliates after a claim is filed. An attorney can explain how those protections may apply to your situation and help you understand the claims process.
Key protections:
- You have the right to seek legal representation.
- New York workers’ compensation law may provide protections if an employer retaliates after a claim is filed.
- An attorney can explain how those protections may apply to your situation.
Steps to Take After a Workplace Injury in Woodbury
If you are injured at work, act quickly to protect your rights. First, report your injury to your employer as soon as possible. The process emphasizes reporting the injury, seeking medical care, documenting evidence, speaking with witnesses, and keeping copies of records.
Seek medical attention right away and tell the provider the injury happened at work. Document the date, time, location, and circumstances of the incident, gather witness information if available, and keep your medical records and related paperwork.
Contact Fusco, Brandenstein & Rada, P.C. as soon as possible. The firm assists with workers’ compensation claims and appeals from its Woodbury office.
Action steps after a work injury:
- Report the injury to your employer within 30 days.
- Seek medical treatment immediately.
- Document the incident and gather witness information.
- Contact a workers’ compensation attorney.
Frequently Asked Questions
Do I need a Social Security number to file for workers’ compensation?
No. New York law does not require a Social Security number to file a workers’ compensation claim or receive benefits. Learn more about how to file successful workers’ compensation claims in New York.
Will filing a workers’ compensation claim affect my immigration status?
Filing a workers’ compensation claim is separate from the question of whether a worker may qualify for benefits. An attorney can explain how the process may apply to an undocumented worker’s circumstances and what protections may be available.
How long do I have to file a workers’ compensation claim?
You have 30 days to report your injury to your employer. For more information about the timeline and process, consult with an attorney at Fusco, Brandenstein & Rada, P.C.
Get Help with Your Workers’ Compensation Claim Today
If you have been injured at work in Woodbury, you may have rights under New York workers’ compensation law. Undocumented workers may also be eligible for workers’ compensation benefits. Learn more about what does workers’ compensation cover to understand your potential benefits.
Fusco, Brandenstein & Rada, P.C. helps injured workers with workers’ compensation claims and appeals and offers consultations through its Woodbury office. Call 516-496-0400 or contact us online to speak with the firm about your situation.