Undocumented Worker Injury Lawyers in New York

We Fight for All Workers' Rights — Regardless of Immigration Status

Jacob D. Fuchsberg Law Firm has proudly represented undocumented workers across New York for more than 50 years. Our attorneys understand the unique challenges and fears these individuals face, and we're here to protect their rights while maintaining complete confidentiality.

When you work with our capable legal team, you’ll gain the following advantages:

• Total confidentiality: We’ll safeguard your immigration status and personal information.
• Multilingual services: We offer legal guidance in both English and Spanish.
• No upfront costs: You’ll pay nothing unless we win your case.
• Comprehensive support: We’ll handle every detail, from paperwork to negotiations.
• Protection from retaliation: We fight back against employer intimidation tactics.
• Maximum compensation: We’ll pursue every available avenue for recovery.

We believe your immigration status shouldn’t stop you from seeking justice after a workplace injury, which is why we’re prepared to advocate tirelessly for you.

Meet Our Attorneys

Understanding Your Rights as an Undocumented Worker

In New York, the law is clear: you have the same rights as any other worker, regardless of your documentation status. Many workers fear coming forward, but we want you to know that it’s safe for you to do so.

Here are a few key points about your employee rights under New York law:

Your Right to Workers' Compensation Benefits

Workers' compensation benefits can help cover the following costs:

• Complete medical care for your injury, including all doctor visits, surgeries, medications, and therapy.
• Lost wage benefits up to two-thirds of your regular pay while you recover.
• Long-term rehabilitation services (if needed).
• Death benefits if you’ve lost a loved one.

Even if you were paid in cash or didn't file tax returns, we can help document your income to ensure fair compensation.

Your Right to Additional Compensation

Workers' comp may not be your only option. You might also be entitled to additional compensation through:

• Third-party liability claims against equipment manufacturers.
• Construction accident lawsuits against negligent contractors.
• Product liability cases for defective tools or machinery.
• Premises liability claims for unsafe work conditions.

A qualified personal injury attorney can help determine the best option for your situation and guide you through the ensuing legal process.

Your Right to Protection from Retaliation

New York law strictly prohibits employer retaliation. It's illegal for employers to:

• Threaten deportation for reporting injuries.
• Fire workers for filing compensation claims.
• Reduce hours or wages as punishment.
• Report workers to immigration authorities.
• Force you to work while injured.
• Deny you medical treatment.

If your employer has taken any of these actions, we can take steps to hold them accountable.

Your Rights in Court

The New York court system has consistently upheld undocumented workers' rights to compensation. When handling your case:

• Courts will focus solely on the injury and eligible compensation.
• Your immigration status can’t be used against you.
• Your right to compensation is established by law.
• Confidentiality will be maintained in all court proceedings.

Our seasoned legal team will help you assert these rights while pushing for full compensation on your behalf.

Types of Workplace Accidents That Can Impact Undocumented Workers

Our workplace accident attorneys have successfully represented undocumented workers injured in a wide variety of accidents, including the following:

Construction Site Accidents

The construction industry poses unique dangers for workers, especially those in non-union positions. We accept cases involving falls from heights, scaffold and structure collapses, electrical injuries, machinery malfunctions, falling objects, crane accidents, and building collapses.

Manufacturing and Warehouse Accidents

We've helped countless workers secure compensation for injuries sustained in manufacturing and warehouse settings. These workplaces often see injurious events due to heavy machinery malfunctions, forklift errors, loading dock mishaps, and chemical exposure.

Restaurant and Service Industry Accidents

Common hazards in these settings include burns and cuts, slips and falls, repetitive stress injuries, and food-processing equipment accidents. We aid workers as they navigate complex claims while defending their rights and immigration status.

Healthcare and Maintenance Accidents

We frequently handle injury cases arising from healthcare and maintenance-related roles, from patient-lifting incidents to toxic chemical exposure. Workers in these fields often face risks in the form of infectious materials, equipment accidents, and repetitive stress injuries.

Our lawyers understand how unscrupulous employers may cut corners on safety, particularly with non-union and undocumented workers. We're dedicated to ensuring that all workers receive fair and adequate compensation, regardless of the type of accident or their immigration status.

Common Workplace Injuries Among Undocumented Workers

Working in high-risk industries often leads to serious injuries that can permanently affect a victim’s daily life and ability to earn a living. The proven attorneys at Jacob D. Fuchsberg Law Firm focus on assisting workers who have suffered:

• Severe falls, including those from scaffolding and ladders, which often result in spinal cord injuries, traumatic brain injuries, broken bones, and internal organ damage.
• Crushing injuries from heavy machinery, falling objects, or being caught between equipment, which can lead to amputations, fractures, and permanent disabilities.
• Burns and electrocutions, including chemical burns, electrical shocks, and fire-related injuries, that generally require extensive treatment and leave permanent scarring.
• Back and neck injuries, such as herniated discs, muscle strains, and chronic pain conditions, from repetitive motions, heavy lifting, or sudden accidents.
• Head and brain trauma ranging from mild concussions to severe traumatic brain injuries, which can affect cognitive function and require long-term care.

With decades of experience championing the rights of undocumented immigrants after workplace accidents, we understand the full impact these and other injuries can have on your and your family's future. We’ll do everything in our power to ensure that you receive financial support for both your immediate and long-term medical needs.

Steps to Take After a Workplace Injury

Your actions immediately following a workplace injury can impact your ability to receive compensation. Here are the key steps you should take:

Seek Medical Care Immediately

Getting proper medical attention should be your first priority. Don't let fears of overwhelming costs or immigration issues prevent you from seeking care — remember, it's your legal right.

Tell the medical staff at the hospital exactly how you were injured to ensure that you get the treatment you need. Request copies of all medical records, prescriptions, and treatment plans, and keep a personal log of your symptoms and how the injury affects your daily life.

Report Your Injury

Inform your supervisor about the injury as soon as possible, ideally within 24 hours. While verbal notification is acceptable, written documentation is better. Send an email or text describing what happened, when, and where. If your employer provides accident report forms, complete one and keep a copy.

Don't worry if English isn't your first language — you have the right to report injuries in your native language.

Gather Evidence

The more evidence you collect, the stronger your case will be. Take photos of your injuries and the accident scene before anything changes. If any coworkers witnessed the event, ask for their contact information.

Note any unsafe conditions that contributed to your accident, and save your work clothes and any equipment involved. Keep a detailed record of missed work days and all expenses related to your injury, including transportation to medical appointments.

Preserve Your Rights

Insurance companies often try to take advantage of undocumented workers. Don't sign any documents, give any recorded statements, or accept any quick settlement offers without legal advice. These premature actions could seriously impact your ability to receive full compensation.

Our legal team will handle all communication with your employer and the insurance companies. We understand the tactics they use and know how to promote your interests.

Document Everything

Continue documenting your recovery process. Keep all medical appointments and follow your doctor's instructions to the letter. Save receipts for medications and medical equipment. Write down how your injuries affect your ability to work and perform daily activities.

Make it a point to note any conversations with your employer about returning to work, and tell your attorney immediately if you face retaliation or pressure to return before you're ready.

Critical Deadlines for Your Workplace Accident Case in New York

If you fail to act promptly after your accident, you risk losing your right to compensation. The following crucial time limits are set by New York law and can’t be extended:

Injury Notification: 30 Days

You must inform your employer about your injury within 30 calendar days. Even if you've already told your supervisor verbally, submit a written notice to be doubly sure that your rights are intact. Your personal injury attorney can help you give proper notification.

Workers' Compensation Claim: Two Years

You have two years from the date of your injury to file your claim for workers' compensation benefits. This deadline applies even if you're still receiving medical treatment or your employer promised to take care of everything.

Personal Injury Lawsuit: Three Years

Most personal injury lawsuits must be filed within three years of the accident date. However, if a municipality or government agency was indirectly responsible for your injury, you may have as little as 90 days to file a Notice of Claim.

Missing any of these deadlines could permanently bar you from receiving compensation, regardless of how serious your injuries are. For this reason, it’s vitally important that you contact Jacob D. Fuchsberg Law Firm immediately after being injured.

Early action will allow us to preserve evidence, shield you from unfair employment and insurance tactics, and meet all essential legal deadlines. Even if you think you've missed a deadline, call us to discuss your options. Certain exceptions may apply in some cases.

How We’ll Fight for Your Rights After a Workplace Accident

The formidable legal professionals at Jacob D. Fuchsberg Law Firm take a comprehensive approach to protecting undocumented workers. Here’s what our process entails:

Thorough Investigation

Our team will meticulously gather evidence, interview witnesses, document unsafe conditions, analyze accident reports, consult industry experts, and reconstruct accidents to build the strongest possible case.

Independent Medical Evaluations

We work with trusted medical professionals who can properly evaluate your injuries, determine the likely long-term impacts, and provide expert testimony about your medical needs and future care requirements.

Pursuit of Comprehensive Compensation

Our lawyers will aggressively pursue all available forms of compensation, including workers' compensation benefits, third-party liability claims, construction accident lawsuits, and premises liability claims, along with additional damages for pain and suffering.

Protection from Intimidation

We’ll shield you from employer retaliation and underhanded insurance company tactics, fielding all communication to prevent deportation threats, pressure to return to work prematurely, denial of medical treatment, or interference with your rightful benefits.

Documentation Support

Our team can help gather and organize all necessary paperwork, including employment records, medical documents, and witness statements, while maintaining confidentiality throughout the process.

Settlement Negotiation

Our attorneys will leverage the full extent of their knowledge and skill to negotiate aggressively with the insurance companies and opposing counsel, refusing lowball offers and pushing for the full compensation you deserve.