Can undocumented immigrants receive workers’ compensation?

| Nov 18, 2020 | Workers’ Compensation

As a worker in New York City, you have rights in your workplace, regardless of your immigration status.

You may qualify for many of the city’s programs dedicated to protecting the rights of undocumented immigrants. Most notably, you can receive workers’ compensation if injured while on the job.

What is the workers’ compensation system?

New York State operates under a “no-faultworkers’ compensation system. This means that, unless a worker deliberately causes the injury or is working while impaired by alcohol or drugs, the cause of the incident is not considered.

All for-profit (and most nonprofit) employers must carry workers’ compensation insurance that provides employees with workers’ compensation coverage. This pays for medical care for anyone injured on the job, as well as a portion of his or her weekly wages.

What documentation do you need to file for workers’ compensation?

When you file a claim, your employer cannot ask you for any documentation to accompany it. The only items you need to complete the C-3 claim form are:

  • Your name, mailing address and phone number
  • Employer name and address
  • Job title and responsibilities
  • Gross pay rate
  • Date and time of the injury
  • How the injury occurred
  • Nature of injury

While there is a place on the form for your Social Security number, you can leave that section blank. If your employer or its insurance company asks you to submit any additional documentation for your workers’ compensation claim, you have the right to decline the request.