José R. was an undocumented worker employed by a small contractor serving Corona, Queens. He was paid in cash for some of his work. While carrying materials at a job site, José slipped on debris and fell. He injured his lower back and shoulder.
José needed medical treatment, but he was afraid to report the accident. His biggest concern was his job. He believed his employer might fire him if he filed a workers’ compensation claim. He was also worried that asking for benefits could create problems because he was undocumented.
For several days, José tried to keep working despite the pain. His symptoms became worse. He eventually sought legal advice to find out whether he had any rights.
His immigration status did not automatically prevent him from seeking workers’ compensation benefits. The fact that some wages were paid in cash also did not mean he should assume there was no possible claim. His employment, accident and medical evidence needed to be reviewed.
José also explained his fear of being fired. That concern mattered. New York workers’ compensation law addresses discrimination against workers who claim or attempt to claim benefits.
A lawyer could review the accident and help José understand the workers’ compensation process. Medical records, witnesses, work messages, payment records and other evidence could also help document his employment and injury.
José’s situation reflects a fear shared by many immigrant workers in Corona and throughout Queens. They may assume they have no rights because of immigration status, cash wages or pressure from an employer.
A free consultation gives an injured worker a private opportunity to explain the situation and ask questions before making a decision. Cass & Peters offers free consultations to injured workers throughout New York City. Call (844) 591-3400.
Prior results do not guarantee a similar outcome.
Being undocumented does not automatically prevent an injured worker from pursuing New York workers’ compensation benefits. The specific facts of your employment and injury should be reviewed.
Yes. Cass & Peters offers free consultations to injured workers, including undocumented workers in Corona and throughout Queens. Call (844) 591-3400 to discuss your workplace injury.
New York workers’ compensation law addresses discrimination against employees who claim or attempt to claim workers’ compensation benefits. Tell your lawyer about any threats, pressure or retaliation.
Cash payment does not automatically mean you should assume that you have no claim. A lawyer can review your employment relationship, accident and available evidence.
An employer’s statement does not necessarily decide the issue. How you worked, who controlled your work, how you were paid and other facts may need to be examined.
Depending on the claim, workers’ compensation may provide necessary medical treatment and partial wage replacement when a workplace injury prevents you from working.
Discuss your concerns openly with your attorney so the lawyer understands your situation and can give advice based on the facts of your case.
| Concern | What an Injured Worker Should Know | Next Step |
|---|---|---|
| Undocumented Status | Immigration status does not automatically prevent a workers’ compensation claim. | Discuss your situation with a workers’ comp lawyer. |
| Cash Wages | Being paid in cash does not automatically eliminate a possible claim. | Preserve payment records, messages and other work evidence. |
| Employer Threats | New York law addresses discrimination for claiming or attempting to claim workers’ compensation. | Tell your lawyer about threats or pressure. |
| Medical Treatment | Workers’ compensation may provide necessary treatment for a covered workplace injury. | Get medical care and explain how the injury happened. |
| Legal Consultation | Cass & Peters offers free consultations to injured workers. | Call (844) 591-3400. |
For more, see our guides to workers’ compensation lawyers for undocumented immigrant workers in NYC and free workers’ compensation lawyer consultations in New York.
If you are undocumented and hurt at work in Corona, Queens, fear can make it tempting to stay quiet. You may worry about your employer, immigration status or how you will pay for medical care. Those concerns should not stop you from finding out what rights may be available.
Being undocumented does not automatically prevent you from pursuing New York workers’ compensation benefits. Likewise, cash wages or an employer’s refusal to cooperate do not mean you should simply give up.
A free consultation gives you a chance to explain what happened without paying for the initial meeting. Tell the lawyer how you were injured, where you worked and how you were paid. You can also explain any threats or pressure from your employer.
Cass & Peters represents injured workers in Corona, throughout Queens and across New York City. We understand why undocumented workers may hesitate to come forward. Getting answers from a lawyer can help you make an informed decision about what to do next.
Call (844) 591-3400 for a free consultation with a workers’ compensation lawyer. There is no obligation simply for speaking with us about your situation.
Do not assume that being undocumented means you have no workers’ compensation rights. Find out where you stand before you walk away from possible benefits.
Five minutes could change your life.
Si usted es indocumentado y se lesionó trabajando en Corona, Queens, no asuma que su estatus migratorio significa que no tiene derechos. Ser indocumentado no le impide automáticamente solicitar beneficios de compensación laboral en Nueva York. Si su empleador lo amenaza, le dice que no reporte el accidente o niega que usted trabajaba para la compañía, hable con un abogado. Cass & Peters Attorneys at Law ofrece consultas gratuitas para trabajadores lesionados. Llame al (844) 591-3400 para hablar sobre su lesión, su trabajo y sus opciones legales.
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