Illegal immigrants / Illegal Aliens – Can I bring a Lawsuit?

illegal immigrants

The city and state of New York is home to over a million illegal immigrant (s) from all over the world. According to NYC government “Immigrants comprise 37.2 percent of the city’s population but 44.2 percent of the labor force.” 44.2% of the workforce – that’s close to half the working population in New York City. Every day we see workers, documented and undocumented, working in construction, in our stores, restaurants and offices. Many of them are the commuters on our trains and subways, drivers or bicyclists on the roads and pedestrians on the sidewalks.

When personal injury strikes, it doesn’t discriminate based on status, illegal or undocumented vs documented. Because of their status, many undocumented people are only able to work certain jobs and in many situations, forced to do jobs that others would not because of the pay and/or danger that the job entails. According to the nyc.gov site referenced above, “Despite higher labor force participation and increases in educational attainment, median annual earnings for undocumented immigrants ($25,300) is significantly lower than earnings for U.S.-born citizens ($45,500).”

If you are an illegal immigrant and you’ve been injured in an accident, your status does not prevent you from bringing a claim for personal injury.

What do the Courts say?

The Courts in New York, State and Federal have ruled that if you’ve been injured on the job, your status should not prevent you from seeking legal help and potentially compensation for your injuries.

The Immigration Reform and Control Act (ICRA) has held that it’s unlawful for undocumented individuals to submit or use false/forged identity documents to obtain employment and it’s also unlawful for an employer to hire an illegal alien, knowing that he/she is illegal. As long as you have not knowingly or intentionally violated the law in obtaining employment in New York, you should not be prevented from seeking compensation for your loss of earnings, if you were injured on the job.

Let’s take an example, you’re an undocumented construction worker working on a New York construction site and you get injured. First and foremost, in New York you are entitled to apply for workers compensation benefits that provide coverage for your medical treatment and also coverage for loss of earnings for your time out of work. Irrespective of your status, you may also be able to bring a third-party lawsuit against the owner, construction manager and/or general contractor for your injuries. This is where an experienced personal injury

attorney comes in as you need to contact one as soon as possible after a construction accident so that the attorney can advise you of your rights, advise you as to what you’re entitled to and give you the direction you need to make sure that you take care of yourself and your rights. An experienced personal injury attorney will discuss all the facts of your case, how your accident happened and what injuries you sustained. The experienced personal injury attorney will also inquire as to your work history, pay history, how you obtained employment and what personal information was provided in order to obtain employment and can then advise you accordingly.

Construction workers injured on the job is just one example, these accidents can happen to anyone in any walk of life whether it’s in car or truck, on a sidewalk or in a restuarant. There are a number of areas that need to be explored in order to protect your rights and it is crucial that you speak to a personal injury attorney who is familiar with dealing with undocumented individuals who have been injured as a result of negligence in the state of New York.

Call the experienced personal injury attorneys at the Law Offices of Darren T Moore PC for a free consultation at 917-809-7014 to discuss the merits of your case and the issues regarding your status.

How long do I have to bring a lawsuit in New York?

In New York, if you’re involved in a personal injury accident and sustain injury, the time limit that you have to bring your case will depend on who the defendant is. If the defendant is a municipal entity for example, like the city of New York, the New York City Transit Authority, the time limit is shorter and you have to file a notice of claim within 90 days of your accident and you’ve to start your lawsuit within one year and 90 days of the accident date. This applies not only to personal injury actions but also to medical malpractice claims involving municipal hospitals and medical providers.

If your injury action involves a private entity, a private person or corporation, you have three (3) years to file a lawsuit from the date of your accident.

If the action involves medical malpractice, the deadline is two years and 6 months from the date of the malpractice, or from the last treatment where there is continuous treatment of the same illness, injury or condition.

If your action involves wrongful death as a result of negligence and or malpractice, the time limit is two (2) years,

Where you bring a claim for the “intentional infliction of emotional distress” the time limit is one (1) year.

For the “negligent infliction of emotional distress” it’s three (3) years.

If your case involves product liability like a defective product for example, the time limitation is also three (3) years.

What about other actions?

For other actions in New York, different time limitations apply and will depend on the type of action you are bringing. Actions for Libel/Slander/Assault and Battery all have one (1) year time limitations.

In New York, breach of contract actions must be filed within six (6) years of the alleged breach.

Debt collection actions also have a six (6) year limitation.

Each case has its own set of facts and differs regarding who’s involved and what time limitations may apply. It is crucially important to reach out to an experienced personal injury attorney to discuss your case and find out what limitations apply and what must be done to protect your interests.If you’ve been involved in a personal injury accident or suffered malpractice or have someone belonging to you, such as a family member or relative who has died as a result of an injury or malpractice, contact the Law Offices of Darren T Moore P.C for a free consultation and speak to our Personal Injury Attorneys in relation to your action.

Call us free at  The Law office of Darren T Moore on 917-809-7014

Top 20 Personal Injury Settlements in New York 2020

The Law Offices of Darren T. Moore P.C. are delighted to have been selected in the top 20 personal injury settlements obtained in New York for the year 2020. To obtain this settlement for a deserving client, especially in the year of the pandemic, is very satisfying for our law firm and we are delighted to help another client obtain Moore Justice.

At TopVerdict.com, they recognize U.S. Personal Injury law firms and attorneys who have obtained one of the highest jury verdicts, settlements, or court awards in the Nation or an individual State, in the field of Personal Injury for that year.

The case in question involved a truck accident where a larger truck struck a smaller truck in the rear, causing serious personal injuries to our client.

We congratulate the Law Offices of Darren T. Moore PC on this achievement.

You can contact the Law Offices of Darren T. Moore PC directly at 917-809-7014 for a FREE CONSULTATION. #MOOREJUSTICE