Immigrants working in the United States often work in jobs that are dangerous, such as construction, demolition, agriculture, and painting. The risks associated with these jobs are real, and are a concern no matter what your immigration status may be. This begs the question of “can undocumented immigrants take legal action for injuries they or a loved one suffered?”
Can Undocumented Immigrants Take Legal Action for Injuries They or a Loved One Suffered?
There are many legal concerns and considerations for undocumented immigrants, especially if they or a loved one has been injured. Fortunately, the ability to take legal action for injuries is not one of those concerns. Undocumented immigrants have the ability to take legal action, such as a personal injury claim, just like U.S. citizens. Under most state laws, your immigration status cannot be considered a factor in your ability to file a lawsuit, or limit your ability to pursue damages.
With that having been said, there are some important considerations to take note of if you or a loved one has been injured and you are planning to take legal action. Consider the following:
- During the legal process, the other party’s attorney may question your immigration status. Always be honest about where you are in this process.
- Because you legally reside outside the U.S. the damages you may be able to recover, such as future lost wages, could be limited to what you would make in the county you legally reside in.
- If you were injured due to employer negligence, you may be eligible for benefits under workers’ compensation laws, as well as having the right to sue.
As an undocumented immigrant, you have legal rights that should be protected. Contact a personal injury attorney to learn more about protecting your rights and getting the compensation you deserve.