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Is it possible to obtain workers' comp for undocumented construction workers?
In this video blog, attorney Michael Greenspan explains that workers' compensation benefits can help all workers injured on the job, including undocumented immigrants.
Contact Michael Greenspan by calling 888-392-6439.
If you're a worker who is injured on a construction site in New York, you may have a lot of questions about what is going to happen next. You've got some significant injuries. You may have some very large medical bills and you're worried about how those bills are going to get paid. It could be even worse for you if you are here and you're undocumented. Do you still have rights? The answer is yes, you do.
And it's very important, especially if you're undocumented, that you get the legal advice necessary to make sure that your rights are protected. It doesn't matter what country you're from. It doesn't matter the circumstances of why you're here. The fact is that if you're hurt on a construction site in New York, the law is here to protect you, and so are we. The first thing you have to understand is that when you're injured on the job, workers' compensation benefits are going to be there for you. Workers' compensation will require you to fill out forms, there are going to be proceedings that are involved. But the most important thing is you will be able to get the care that you need because it was a work-related injury. They're not going to ask you whether you are a citizen or not. And they don't have the right to withhold benefits from you if you're not a citizen.
The next thing you need to understand is not only do you need to get your medical bills paid or your wages taken care of, but if you've been hurt and hurt really badly, you have rights against the certain of the companies, whether it's the owner of the property, the general contractor of the site or a different subcontractor who may have been responsible for the conditions which caused you to be injured.
Now I can appreciate that someone doesn't want to sue their boss. They may like their company and feel that if they make a claim, it's going to hurt their boss, or perhaps they might be getting pressure: "Hey don't make a worker's comp claim. That's really not good for us as your company. We're going to take care of you."
You can't let that happen.
The laws are here to protect workers who are vulnerable and even if someone is going to ask you, "Don't report this to workers' comp because it would be good for the company," they're not looking out for your interests, and it's your interests that are really important. There's so many questions that can be answered and need to be answered when you've been hurt on a construction site, and what you're gonna need is an attorney who's gonna be able to help guide you through that whole maze of forms of laws and procedures so that you can worry about what's important: getting better and taking care of your family.
Let the lawyer take care of making sure that your rights are taken care of and that justice will be gotten for you.
Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.
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