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.

Five Facts To Know About Traumatic Brain Injuries

Traumatic brain injuries (TBIs), unfortunately, remain extremely common in the United States and throughout the world. According to the (“CDC”) Center for Disease Control, there were roughly 288,000 hospitalizations tied to TBIs in the U.S. in 2014, many of them due to vehicle crashes and falls (mostly the latter). In total, there were 2.5 million TBI-related Emergency Department visits that year. The Brain Injury Association of America also recently estimated that at least 5.3 million Americans live with a TBI-related disability. The association listed electric shock, infectious diseases, strokes, toxic exposure, and tumours as other common causes of brain injuries.

Moderate and severe TBIs can result in loss of consciousness. A TBI is simply a brain injury irrespective of how mild, moderate or severe. It can range from a bang or shake of the head to striking your head off the ground or being hit by an object. It can be defined as a mild, moderate or severe TBI depending on the initial severity but irrespective of the initial diagnosis, it’s the residual effects and the problems that it brings that will ultimately decide how mild, moderate or severe that the injury is. Because the brain is our body’s computer and is such a complex organ, diagnostic testing such as MRI’s and CT scans, although much more advanced are still not definitive in identifying the extent or even the origin of the brain injury. In a lot of cases, it’s the people closest to the brain-injured person who can put the jigsaw puzzle pieces together when it comes to identifying if someone has had a brain injury and whether it’s permanent. No matter who it is that has suffered a traumatic brain injury, it’s important to know all the fundamental facts related to this type of sometimes fatal injury, including what to do if you believe you sustained such injury due to someone else’s negligence. Don’t ever be misled by false information, as this type of injury can affect many people and entities around you, such as family, friends and healthcare providers.

What are some of the incidents of brain injury that we deal with in personal injury cases?

⦁ Slip and falls on sidewalks
⦁ Trip and falls over misleveled sidewalk flags or because of debris
⦁ Falling objects
⦁ Violent shaking or jerking of one’s head in a car accident – whiplash
⦁ Falling on construction sites from scaffolds or ladders
⦁ Falling through a hole on a construction site
⦁ Electric shock
⦁ Medical malpractice
⦁ Pedestrian knockdowns
⦁ Motorcycle accidents
⦁ Bike accidents
⦁ Truck accidents

March 2020 is Brain Injury Awareness Month, so we have put together five facts to know about TBIs:

⦁ Senior Citizens Are Highly Susceptible

Along with children between the ages of 0 and 4 and teenagers between the ages of 15 and 19, people aged 65 and older are at the highest risk of sustaining TBIs. Therefore, if you are an adult in the latter category, be sure to wear shoes with non-slippery soles and hold on to objects near you like handrails for support. If you believe you need someone to assist you to walk, this can also be a sound precaution.

⦁ Men Are More Likely To Have TBIs

According to some CDC research, men are (sometimes) nearly twice as likely as women to suffer from TBIs. One study revealed that between 2007 and 2013, men held higher age-adjusted rates of TBI-related hospitalizations and deaths (959 per 100,000) than women (810.8 per 100,000).

⦁ Wearing A Seatbelt Can Help

Many studies have shown wearing a seatbelt while driving (and a helmet in the case of motorcycles) can significantly help reduce the probability that a TBI occurs. Never neglect this basic safety measure.

⦁ TBIs Impact Reasoning And Emotions

The frontal lobes are the areas of the brain most commonly affected when a TBI happens. These lobes regulate both reasoning and emotional control. This means memory, language, social behavior, and even sexual capabilities can be impacted. Since impulse control is also affected, TBI victims can lash out at others unexpectedly.

⦁ Multiple Concussions Are More Severe

Although the consequences of a TBI should never be understated, sustaining several concussions is much more lethal. These types of incidents are especially common in high-contact sports like football, in which concussions can lead to severe, long-term brain trauma. The CDC has estimated that up to 3.8 million sports-related concussions happen in the U.S. every year.

What To Do After Sustaining A TBI

If you have been involved in an accident that injured your head, you should seek medical treatment immediately. You should go to the emergency room and you will likely undergo an X-ray or CT scan immediately to identify any brain bleeds, cranial change or any noticeable structural problem with the brain. However, this is not enough to diagnose a brain injury, as these types of procedures only typically reveal fractures and bleeding.

You should have a family friend or loved one close by at all times in the days following a TBI just so they can monitor your condition and take care of you.

You should also seek the opinion and advice of friends and family over the following weeks and months as much as possible so that they can give you their opinion as to whether or not you exhibit any irregular behavior patterns, such as slurred speech, unusually high forgetfulness or fits of anger and violence. These can sometimes be among the signs and symptoms of a brain injury and although it may be difficult to request such opinions, it’s in a brain-injured person’s best interests to do so early on so that you can identify the issues and seek the treatment necessary to enable recovery.

It’s important to follow up with your PCP or seek a referral to a neurologist if you believe you have suffered a brain injury. A neurologist can examine you, conduct a number of tests and recommend a course of treatment and testing which may include the new 3T DTI MRI, an EEG and possibly a referral to a neuro-psychologist and cognitive therapist.

If you or a loved one have suffered a brain injury because of the negligence of someone or some entity, you need to consult with a brain injury attorney. An experienced brain injury attorney in New York should also be able to help you determine whether you have a viable claim for a lawsuit against someone who caused you such harm for any reason. The Law Offices of Darren T. Moore P.C. are dedicated to securing “MOORE JUSTICE” for all clients. The brain injury attorney’s at the Law Offices of Darren T Moore PC are dedicated to protecting and fighting for the rights of brain injured people. If you or a loved one have suffered a brain injury you may be entitled to compensation and if so the brain injury attorney’s at the Law Offices of Darren T Moore PC can fight for MOORE JUSTICE and compensation for you for:

⦁ Physical pain and suffering
⦁ Loss of income due to disability
⦁ Medical expenses (including future)
⦁ Rehabilitation expenses
⦁ Occupational therapy
⦁ Loss of consortium claim for a spouse

Call the Law Offices of Darren T. Moore P.C. today at (917) 809-7014 or contact us online at https://www.injurylawatty.com/practice-area/brain-injury-lawyer-new-york/ for more information about our services.