Immigration Status Does Not Affect a Person’s Ability to File Personal Injury, Workers’ Comp, and Other Legal Claims
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Anyone who is injured because of the negligence of another party can seek compensation through the legal system, regardless of their immigration status, and even if they are undocumented.
This ability to seek compensation with the help of an attorney includes:
- Motor vehicle accidents
- Accidents on the job and in the workplace (indoors or outdoors)
- Dog bites
- Unsafe conditions on a property, such as faulty sidewalks or stairs
The ability for everyone in the United States to seek damages for injuries is encoded in the U.S. Constitution. The 14th Amendment says the government cannot “deny to any person within its jurisdiction the equal protection of the laws.” That means if you live in the U.S., no matter your status, you are entitled to the same legal rights as everyone else.
By filing a claim, you are not increasing your exposure to potential immigration consequences.
“The bottom line when it comes to injuries and unsafe working conditions is that we all have the same rights,” said Immigration Law Attorney Lisa Rivas, a partner with Cramer & Anderson, LLP, a multilingual firm with offices in Danbury, Ridgefield, New Milford, and Litchfield.
Attorney Rivas has significant experience with the full range of immigration issues, including removal proceedings, asylum interviews, family and employment petitions, National Visa Center and Consular processing, and SIJ status matters.
She works closely with Partner Jennifer Collins, who thrives on helping personal injury, Workers’ Comp and Social Security Disability clients, who most need compassionate and powerful advocacy.
“There’s a myth that a person’s immigration and documentation status may prevent them from seeking the compensation they deserve for injuries or unsafe working conditions. It’s just that – a myth,” Attorney Collins said. “We see that myth repeated and spread most commonly in connection with workplace injuries and issues.”
The prevalence of the myth was highlighted in a recent Connecticut Public Radio story that said the Connecticut Workers’ Compensation Commission has actually expanded protections for undocumented workers injured at work in recent years – and that injured undocumented workers may be eligible for temporary total and/or permanent partial disability benefits like any other workers.
For more information, reach Attorney Rivas and Attorney Collins by phone at (203) 744-1234, or by email at lrivas@crameranderson.com and jcollins@crameranderson.com.
