New Jersey Undocumented Worker Injury Lawyers Help Injured Workers Get Compensation Regardless of Status
Undocumented workers seeking employment are often faced with a significant problem: they need a job, but they may not have what is required to get that job. Whether they simply lack the paperwork that would authorize them to work or they also do not have the education required for certain better-paying jobs, these workers are often forced to take jobs that come with inherent safety risks, such as working on New Jersey construction sites. These jobs often result in the undocumented worker feeling forced to work in unsafe conditions or even resulting in severe injuries to the worker.
However, undocumented workers in New Jersey do not need to allow fear of deportation or other retaliation to stop them from reporting an unsafe working condition or filing a claim for a workplace injury. At Cohen & Riechelson we believe that all workers have the right to a safe working environment and to receive appropriate compensation if they are injured. Our attorneys commit to fight for undocumented workers so that all their other rights are protected, regardless of their immigration status. If you have concerns about seeking compensation for your injuries, or your employer has tried to prevent you from filing an injury claim and you are an undocumented worker, contact a New Jersey workers’ compensation and personal injury attorney at our Hamilton, NJ office today at (609) 528-2596 to review your legal rights. Our team provides free, confidential consultations regarding workplace injuries to individuals across New Jersey, including those without legal status.
Undocumented NJ Workers Can Face Challenges in a Flawed System
When it comes to workplace safety and rights, undocumented workers face several unique challenges that make them incredibly vulnerable to discrimination and exploitation. The first and most obvious challenge is their undocumented status. The law states that employers cannot fire an undocumented worker if the worker files a claim or reports an unsafe condition. However, the law also states that if an employer becomes aware of an undocumented worker’s undocumented status, they must terminate that employee’s employment. This means the undocumented worker is put in a very awkward position.
If they file the claim or report, they may be fired in retaliation but their employer can claim it is not retaliation, but instead compliance with the law that says they had to terminate employment when they discovered the worker’s undocumented status. Workers who face this circumstance should work with an experienced attorney who can help them prove that the termination was retaliation.
The second unique vulnerability is that the law also states the employer cannot report the worker’s undocumented status to get them deported. Unfortunately, the government does not require reporting parties to give their name or any contact information. Employers may take advantage of this anonymity to report a worker and deny doing so. Because the worker may never be able to prove the employer reported them, undocumented workers often decide not to speak up for themselves or others.
Misconceptions and Fears Preventing Undocumented Workers From Accessing Benefits in NJ
Undocumented workers are frequently unfamiliar with both state and federal laws. Therefore, when faced with a serious injury and the costs associated with it, or being asked to work in unsafe conditions or without proper safety equipment, the worker may not know what their rights are. Their employer may tell them that since they are undocumented, they are not eligible for workers’ compensation or that reporting a safety problem will result in their undocumented status being exposed and their deportation.
Additionally, while undocumented workers may not fully understand state and federal laws, they are often very aware that their mere presence in this country has the potential to result in criminal charges against them. Employers may also take advantage of this knowledge and threaten the worker with criminal charges if they attempt to file a claim or report a problem. Because the worker is not familiar with the laws, they may trust that their employer is being honest and decide to keep quiet.
Essential Rights Workers Without Papers Must Know for Fair Treatment in New Jersey
Undocumented workers often try to keep a very low profile for fear of being caught and deported. However, when it comes to employment in particular, undocumented workers are not unprotected. Employers are forbidden from discriminating based on immigration status when it comes to safety measures. This means that whether their employees are all United States citizens with the proper paperwork to back it up or some or all of their employees are undocumented workers, the employer is required to provide the same safety measures to all employees.
In addition, undocumented workers are generally eligible for workers’ compensation if they are injured on the job. Like other workers, there may be some exceptions such as independent contractors or special circumstances, but under ordinary circumstances, undocumented workers are able to file a claim and receive all the typical benefits, including medical treatment, lost wages, and disability payments when applicable.
Beyond being able to receive workers’ compensation and not being discriminated against, undocumented workers have additional rights under the law. These rights include being paid at least minimum wage, being paid appropriate overtime, receiving rest and meal breaks, the right to form or join a union, the right to a safe workplace and to file complaints with Occupational Safety and Health Administration (OSHA) or the New Jersey Division of Public Safety and Occupational Safety and Health. If any of these rights are violated, the undocumented worker may be able to file a claim against their employer.
Undocumented New Jersey Workers Can Safely Seek Legal Help For Workplace Injuries Without Fear Of Deportation
Perhaps the biggest reason undocumented workers opt not to file for workers’ compensation or talk to a lawyer when they are injured on the job is the fear of deportation. While this is an understandable fear, it is important to understand that neither filing for workers’ compensation nor speaking with an attorney about a workplace injury should result in an undocumented worker being deported. There are laws in place to prevent this. While there are no guarantees that an employer or someone else may not report the undocumented worker, there are other steps that can be taken to help ensure the worker’s safety.
For example, if an undocumented worker has been told by their employer that they cannot or should not file for workers’ compensation, report a safety concern, or speak with an attorney, the worker should not tell their employer or co-workers about their intention to speak with an attorney. This can prevent the employer from retaliating against the worker by reporting them before they speak with an attorney. Once the worker has spoken with an attorney, the attorney can recommend other ways the worker can protect themselves against deportation.
Legal Protections For Undocumented Workers Reporting NJ Workplace Injuries
There are specific laws on both a state and federal level that prevent employers from retaliating against workers for reporting injuries or unsafe conditions. These laws apply to all workers, whether they are undocumented workers, documented workers, or American citizens. Understandably, undocumented workers worry that despite these laws, they may still be retaliated against.
While this is a reasonable concern, and no one can guarantee that an employer would not try to retaliate against the undocumented worker, an attorney may be able to assist the worker in proving that the employer retaliated by firing the worker, reporting their immigration status, or taking other illegal actions against them. If this happens, an attorney may be able to assist the worker with filing a retaliation or wrongful termination lawsuit against the employer.
Three Important Laws Shielding Workers From Immigration-Based Retaliation
There are three specific laws or policies that protect undocumented workers against retaliation based on their immigration status.
1. The Immigration Reform And Control Act: Shielding Immigrant Workers from Discrimination Based on Citizenship And Immigration Status
The Immigration Reform and Control Act (IRCA) is a federal law that prohibits employers from discriminating against individuals based on their citizenship or immigration status. This means they cannot discriminate while hiring, firing, recruiting, or referring for a fee. Discrimination in this context means they cannot use national origin or citizenship status to make a decision, cannot require more or different paperwork than those that are legally acceptable as employment verification documents, or refuse the paperwork offered by the worker if it appears to be genuine and meets the legal standards for the required documentation. The IRCA also prohibits employers from trying to use coercion, threats, intimidation, or retaliation against those individuals who file charges or cooperate with IRCA investigations, hearings, or other proceedings.
2. USDOL Protections Against Retaliation: Safeguarding All Workers, Including Undocumented Employees
The United States Department of Labor (USDOL) also protects undocumented workers, as well as all other employees, against retaliation. This protects all workers, not just undocumented ones, against retaliation from an employer if the worker engages in a protected activity, such as reporting a safety hazard or filing for workers’ compensation. USDOL considers it retaliation if the employer fires or takes any other adverse action such as demoting, laying off, reducing hours or pay, or denying a promotion or overtime after the worker has engaged in a protected activity. USDOL also states that an adverse action is anything that might deter the worker from reporting a possible violation or other protected activity.
3. Title VII of the Civil Rights Act: Protecting Undocumented Workers From Discrimination Based On National Origin and More
Another federal law, Title VII of the Civil Rights Act protects individuals from discrimination based on national origin. This law also protects undocumented workers against other types of discrimination, including race, color, sex, or religion.
Undocumented Workers with Workplace Injuries Can Seek Justice Despite Immigration Status in NJ
Workers’ compensation is often the avenue available for compensation in workplace injuries. However, there are instances where an undocumented worker may be able to file a personal injury or premises liability claim against their employer, a manufacturer, or another third party who is negligent and this negligence causes the worker to be injured. The employer or other negligent party may try to convince the worker that their undocumented status means that they cannot recover damages for this injury, but this is not true.
Undocumented workers are able to file a personal injury or premises liability lawsuit if their injury is caused by the employer’s or another party’s negligence despite being undocumented and not legally allowed to work. They may be able to recover damages such as medical bills, lost wages, property damages, pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship or consortium.
Options for Undocumented New Jersey Workers who Have Been Denied Entitlements
Undocumented individuals are living in this country unlawfully, which means that there are many situations in which they are not protected the way a citizen or documented individual would be. However, when it comes to the workplace, undocumented workers are provided the same rights and protections as any other employee, despite their undocumented status. This means that if any of those rights are violated, the undocumented worker has recourse.
Whether the worker has been injured and is being told they cannot file for workers’ compensation or a personal injury lawsuit, that they cannot report unsafe conditions in the workplace, or having another right denied such as appropriate pay or joining a union, they do not have to accept this answer. Undocumented workers who are being told they have no rights or that they have no recourse when their rights are being violated should consult with an attorney to protect and enforce their rights.
Speak with our Undocumented Worker Injury Attorneys at Cohen & Riechelson who Will Not Let You be Taken Advantage of When Injured in New Jersey
If you have been injured or are concerned that your rights may be violated based on an action you are considering taking to recover the benefits you are entitled to, do not let your undocumented status stop you from consulting with one of our experienced attorneys to learn more about how to protect your rights in the workplace. We can assist you as an undocumented worker in pursuing workers’ compensation or personal injury compensation after a workplace injury, or take other steps to protect and enforce your rights in getting a much-needed financial recovery.
From our local office in Mercer County, our undocumented worker injury lawyers assist clients throughout New Jersey, including in Titusville, Princeton, West Windsor, Trenton, Hamilton, Pemberton, Burlington, Edison, and South Brunswick. Contact Cohen & Riechelson at (609) 528-2596 for a free review of your case.
We also provide legal assistance in Spanish, if you do not speak English or are simply more comfortable in your native language. También brindamos asistencia legal en español, si no hablas inglés o simplemente te sientes más cómodo en tu idioma nativo.
