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If you were injured at work or in an accident and you are undocumented, or unsure of your immigration status, you may be wondering whether you can seek justice without putting yourself at risk. The answer is yes. Regardless of your immigration status, you have legal rights in the United States, and those rights protect you when you are hurt.
At Napoli Shkolnik, we believe every person deserves access to justice. This post is for every immigrant worker who has been injured and is afraid to ask for help. You are not alone, and the law is on your side.
Does the U.S. Constitution Protect Undocumented Immigrants?
The United States Constitution does not limit its protections to citizens. As the late Justice Ruth Bader Ginsburg powerfully noted: “When we get to the 14th Amendment, it doesn’t speak of ‘citizens.’ Some constitutions grant rights to ‘citizens,’ but our constitution says ‘person.’ And the ‘person’ is every person who is here — documented or undocumented.”
This means that fundamental civil rights, including due process, apply to every person on U.S. soil, regardless of how they arrived.
Workplace Rights for Immigrant Workers
Whether you work in construction, agriculture, manufacturing, or any other industry, you are protected by law. Here is what you need to know:
The Right to a Safe Work Environment
Under the Occupational Safety and Health Administration (OSHA), every worker in the United States, regardless of immigration status, has the right to a safe workplace. You have the right to refuse work that puts you in immediate danger of serious harm, and you have the right to report unsafe conditions without fear of losing your job.
The Right to Be Free from Retaliation
Your employer cannot use your immigration status as an excuse to fire you for discriminatory reasons or because you raised concerns about unsafe working conditions. It is illegal for an employer to report you to immigration authorities in retaliation for exercising your workplace rights. If this happens to you, it is a serious violation of federal law.
The Right to Emergency Medical Care
If you are injured, you have the right to receive emergency medical treatment, even without health insurance and regardless of your immigration status. Hospitals and clinics are required by law to provide emergency care to anyone who needs it. You are also not required to share your immigration status with healthcare providers, and they cannot deny you treatment if you choose not to disclose it.
Can Immigrants File Personal Injury Claims?
Yes, and courts across the country have affirmed this clearly.
In the landmark 1991 case Montes v. State Industrial Insurance System, the Nevada Supreme Court ruled that undocumented workers have the same rights as legal residents when it comes to claiming damages for workplace injuries. This decision established an important legal precedent that continues to protect immigrant workers today.
Additional legal protections reinforce this right:
- Tort Law: Personal injury claims are governed by state tort law, which focuses on the negligence of the responsible party, not the immigration status of the victim.
- California: Courts have ruled that undocumented immigrants are entitled to compensation for medical expenses, lost wages, and emotional distress.
- New York: New York courts have established that immigration status should not impact the amount of damages awarded to an injured person.
In most cases, your attorney can successfully argue to keep your immigration status out of court entirely, since it is irrelevant to the facts of your injury claim and can be prejudicial.
Why Immigrant Workers Face Greater Risks
Immigrant workers are disproportionately represented in some of the most physically dangerous industries in the country, including agriculture, construction, and meatpacking. According to research from Vanderbilt Law School, Mexican immigrant workers have among the highest workplace fatality rates in the United States.
The risks are not only physical. In counties with stricter immigration enforcement, studies show fewer safety complaints from Hispanic workers, but more workplace injuries. This troubling pattern suggests that fear of deportation is causing workers to stay silent about dangerous conditions, putting their lives at greater risk.
Language barriers, lack of access to legal information, and shifting political priorities under policies like Project 2025, including proposed expansions of E-Verify, have made the landscape increasingly difficult for immigrant workers to navigate. These are real and serious challenges, and they are why access to trustworthy legal guidance matters now more than ever.
Steps You Can Take to Protect Yourself
If you have been injured or are working in unsafe conditions, here are important steps to consider:
Know your rights. OSHA protections apply to all workers regardless of immigration status. Visit osha.gov for more information.
Report unsafe conditions. You can file a confidential complaint with OSHA, online, by phone, or in writing, without disclosing your immigration status.
Seek legal assistance. Organizations like the National Immigration Law Center (NILC) offer resources and support for immigrant workers facing exploitation or retaliation.
Document everything. If you are injured, keep records of your medical treatment, any communications with your employer, and any witnesses to the incident.
Connect with worker advocacy groups. Immigrant worker centers and unions can provide education, community support, and legal referrals.
You Deserve Justice, No Matter What
“We’ve seen firsthand how fear keeps injured workers from speaking up. Too many people suffer in silence because they’re afraid that reporting an unsafe workplace, or even seeking medical care, will put their immigration status at risk. That fear is understandable, but it shouldn’t stop anyone from getting the help they need.”- Joseph L. Ciaccio, Partner
Being injured is frightening. Navigating the legal system as an immigrant can feel even more so. But the law recognizes your humanity, your dignity, and your right to be made whole after someone else’s negligence causes you harm.
At Napoli Shkolnik, we represent injured workers and accident victims from all walks of life. We are committed to providing compassionate, confidential legal guidance to anyone who needs it, including immigrant workers who have been told their voices do not matter.
They do. And we will fight to make sure they are heard.
If you or a loved one has been injured, contact Napoli Shkolnik today for a free, confidential consultation. Your immigration status will never be a barrier to getting the help you deserve.