It is a deep and understandable fear. You get hurt at work or in an accident, and your first thought isn’t about getting help. It’s about protecting yourself and your family.
You might worry, “If I report this, will they ask me for my papers? Will my boss call immigration on me?”
Let’s be very clear about this: **In New York, your immigration status does not affect your right to be safe or to get justice if you are hurt.**
The law is on your side.
Your Rights Are Based on Where You Are, Not Where You’re From
The laws that protect workers and people injured in accidents are New York State laws. They were created to protect **everyone** living and working in our communities.
Immigration law is separate. It is federal law.
When you have a case for an injury, the court is focused on a few simple questions:
* Was someone careless or negligent?
* Did that carelessness cause your injury?
* What is needed to make things right? (This includes medical bills, lost wages, and pain and suffering).
Your status is not one of those questions. You have the right to a safe workplace and the right to compensation if you are hurt, period.
Real Examples for Our Community
Think about these common situations:
**A Fall at a Construction Site:** If you fall from a ladder or a scaffold that was not secure, your employer is responsible. The law cares about the unsafe equipment, **not your papers. **
**An Injury from a Machine:** If a machine at work is broken or has no safety guard and you get hurt, you have a right to compensation for your injury.
**A Car or Truck Accident:** If a driver hits you while you are walking or driving, their insurance is responsible for your medical care. Your status does not change the fact that they were negligent.
In all these cases, the law sees a person who was hurt because someone else was not careful. That is all that matters.
What About Threats from My Boss?
Some employers illegally use a worker’s status to scare them. They might threaten to call immigration if you report an injury or complain about safety.
**This is illegal.** It is a form of intimidation and retaliation. The law protects you from these threats. An employer is not allowed to use your status against you to avoid their responsibility.
You worked here. You were hurt here. You have rights here.
Justice should not depend on where you were born. It should depend on what is right. In New York, good lawyers believe this and will fight to protect you from these kinds of threats. You don’t have to carry this fear alone.
If this situation feels familiar, our family at Helen Dalton is here to help yours. Schedule a free, confidential call with our team to understand your options. We speak Spanish and are ready to listen.
