Documented and Undocumented Citizens’ Rights in Personal Injury Claims
The lawyers at Maggiano, DiGirolamo & Lizzi, P.C. are dedicated to representing our clients aggressively, compassionately, and with consideration during every stage of your case.
We understand that immigrants, including those both documented and undocumented, often work in dangerous careers in the United States. Jobs like construction, bricklaying, demolition, carpentry, maintenance at elevation, ironworking, and carpentry—among others—are some of the most dangerous occupations in the country. And of course, the dangers associated with these occupations have no consideration for whether or not an individual is in the country legally or illegally.
Car Related Incidents
Another career which can pose serious risks is food delivery. In New York and New Jersey, the restaurant business is booming, which is excellent news for those who are seeking quick employment. Whether you are delivering food via car or bicycle, there are serious dangers to consider, and it’s impossible for anyone to prepare for all of these dangers or avoid them entirely. You’re often at the mercy of other drivers.
It’s important to note that if you’re delivering via bicycle, you are entitled not only to worker’s compensation and associated benefits, but you may also be successful in suing the owner or the driver of the vehicle that struck you. If the individual on the bicycle is killed, their family can pursue these same opportunities. Contact a New Jersey personal injury lawyer to discuss your options.
Many different occupations require the use of dangerous machinery. For example, workers who are employed in commercial bakeries are required to use dough mixing machines. Factory workers may have to use metal polishers or other machinery with conveyor belts, moving blades, grinding wheels, or other extremely dangerous features. Unfortunately for workers, safety features and guards are often missing (or even removed by the employer). Coming into contact with this hazardous machinery can often result in injuries that have severe consequences, and even death.
Documented or undocumented, you have rights in the United States to make a claim, or even pursue parties in a lawsuit to recover losses suffered due to your injuries if another person contributed to those injuries through their negligence. It’s not merely a state law; it’s a Constitutional right.
The Courts Have Upheld Immigrant Rights
The courts have addressed immigrant rights in numerous cases. For example, in the Balbuena v. IDR Realty case, heard by the NY Court of Appeals (the state’s highest court), the plaintiff was able to have the courts overturn the Appellate Division’s prior decision, which barred undocumented workers from access to recovering certain types of damages. Instead, the higher court found that undocumented citizens have the right to recover fully from their injuries.
After this case, it became clear that undocumented workers should pursue personal injury cases with the advice of their attorney. Being undocumented does not automatically mean that you can’t qualify for damages. If you or someone else you know was injured due to the negligence of someone else, contact us today.