The Rights of Undocumented Immigrant Workers Injured on the Job

Immigrants, including those without documentation, workMany immigrants find employment in New York in the
in some of the most dangerous jobs in the UnitedCity's enormous restaurant business. For those who
States. Immigration rights and "reform" are majorwork to deliver food in the five boroughs, a bicycle is a
issues of the 2008 Presidential campaign. Here, in thenecessity. Unfortunately, cars often speed or drive
five boroughs of New York, the immigrant communitycarelessly, posing a real danger to workers on
works thanklessly. As one elected official has noted,bicycles. If a bicycle deliveryman is struck and injured
immigrant workers are "lifting our entire city a fewby a car, he is not only entitled to receive workers
inches" each day.compensation benefits, he may also sue the driver and
When a worker gets hurt on the job, New York Stateor owner of the car. In the event the deliveryman is
law provides that he or she may recover what arekilled, not only can his family receive workers
known as workers compensation benefits. Workers'compensation death benefits, his surviving spouse and
compensation is insurance that provides cash benefitsor other relatives may sue the driver and/or owner of
for lost wages and/or medical care for workers whothe car directly.
are injured or become ill as a direct result of their job.3. Accidents Involving Dangerous Machines
Employers pay for this insurance, and cannot requireCommunity members who work in commercial
the employee to contribute to the cost ofbakeries and factories are often required to use
compensation.dangerous machinery and equipment. For example,
It is important to remember that workersdough mixing machines and metal polishers have
compensation benefits protect all workers, includingpowerful motors and rapidly moving blades or grinding
foreign workers without documentation.wheels. Too often these machines do not come with
Compensation for work-related injuries is not alwaysthe appropriate guards or safety features, such a
limited to workers compensation benefits. In manyemergency shut-off switches. A worker's hand, arm or
instances, an employee may bring a lawsuit foreven head may become trapped and injured in these
compensation separate and apart from receivingmachines. Conveyor belts also pose a real danger of
workers compensation. Although an employee mayinjury.
not, in most cases, sue his or her employer, there mayIf a machine malfunctions because it was not properly
be other parties responsible for a work-relateddesigned or manufactured and causes an injury, a
accident that can be sued.worker may sue the manufacturer of the product to
Again, foreign workers without documentation mayrecover money damages.
bring such lawsuits.When such a machine injures a worker, it is always
There are the three common types, (although thereadvisable to speak with an attorney about not only a
are others) of work-related accidents in which lawsuitsworkers compensation claim, but also a possible
may be filed in addition to filing an application forlawsuit against the manufacturer of the equipment at
workers compensation. These are: 1) constructionissue. The time to act is as soon as possible! Expert
accidents; 2) accidents involving cars; and 3) accidentsengineers may need to investigate the accident and
involving dangerous machines.examine the machine. Very often the machine remains
1. CONSTRUCTION ACCIDENTSin the custody of the employer, and a Court Order
Construction work, such as carpentry, bricklaying,must be obtained to inspect it.
ironworking, and demolition, as well as painting atDesigners and manufacturers of machines may be
various elevations, can be very dangerous. Workersresponsible for injuries their products cause if the
may breath in poisonous fumes. They may fall frominjured worker can demonstrate, through an attorney,
great heights. Workers may be injured because ofthat the product is "unreasonably dangerous," that is,
violations of building and safety codes. New Yorkdefectively designed or manufactured. For example,
State has enacted Labor Laws that protect workerscutting equipment should have safety guards to
by making property owners and general contractors,prevent operators from unintentionally coming into
not just employers, responsible for making sure thatcontact with blades. Emergency shut-off switches
those involved in certain types of work are providedshould be present and easy to reach. Machines should
with the proper equipment and safety devices.never present an electrocution hazard to operators.
These Labor Laws are designed to protect workersCONCLUSION
from such things as falls from scaffolds and ladders,Your family depends upon you for support. When you
building collapses, falling objects, and other worksiteare injured at work, not only is it important to get the
hazards. Both the owner and the general contractormedical care you need, it is equally critical to obtain the
may be responsible for violations of these laws even ifworkers compensation benefits you are entitled to.
another contractor, such as the worker's employer,Compensation for lost wages and coverage for
was negligent.medical care can make all the difference to injured
In this type of situation, a worker may recover bothworkers and their families. In the unfortunate event that
benefits from his employer's worker's compensationyou are injured, make sure that you or a family
insurance company and is able to sue, for moneymember contacts reputable, and competent ny injury
damages, the property owner and other contractorsattorneys to help you secure these benefits and
who violated the law.determine whether or not you may also bring a lawsuit.
2. Accidents Involving Cars