Slip and Fall Series: Can an Illegal Immigrant File a Claim?

Posted March 11th, 2016 by .

Categories: Slip and Falls.

slip and fall illegal immigrant anthony carboneThe weather is starting to warm and spring is on everyone’s minds. But we still have a couple of things to say about slip and fall accidents. For instance, let’s say you’re in this country illegally. While working at the local restaurant, you slip on a puddle of water from a leaking refrigeration unit and fall. You break your arm. What happens next?

Many illegal immigrants are afraid to submit any type of injury claims because of their status in this country. And that’s understandable — if you’re here illegally, the threat of deportation is heavy on your mind all the time. But know that the laws are here to protect everyone in this country, and not just US citizens. And despite what you may think, you will not be deported for filing a workers’ compensation or personal injury claim. In fact, if you are threatened by the other party’s lawyer with deportation, this is considered unethical behavior and that lawyer could be in trouble.

So in the case above, this is a workers’ compensation case since this happened while the person was on the job. Can you still claim workers comp as an illegal immigrant? Yes, you can. It may sound strange considering your employer can be fined for hiring illegal aliens. But as a worker in New Jersey you should still be able to apply for workers’ compensation benefits. Of course, with your situation as an illegal immigrant, you may have some trouble. Your employer might fight the claim, especially if you’re getting paid under the table. He/she may say you’re not a real employee. That’s why you should hire an experienced workers compensation attorney to help you with your claim and make sure you get the compensation that you deserve.

If you are injured in a slip and fall accident while at work and your employer is fighting your claim, let us help. Contact the Law Offices of Anthony Carbone today for a fee consultation.

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