{"id":23520,"date":"2026-08-05T09:32:19","date_gmt":"2026-08-05T13:32:19","guid":{"rendered":"https:\/\/www.napolilaw.com\/?p=23520"},"modified":"2026-07-29T10:41:00","modified_gmt":"2026-07-29T14:41:00","slug":"can-undocumented-immigrants-file-a-personal-injury-lawsuit-know-your-rights","status":"publish","type":"post","link":"https:\/\/www.napolilaw.com\/es\/article\/can-undocumented-immigrants-file-a-personal-injury-lawsuit-know-your-rights\/","title":{"rendered":"Can Undocumented Immigrants File a Personal Injury Lawsuit? Know Your Rights\u00a0"},"content":{"rendered":"

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<\/a> in the United States, and those rights protect you when you are hurt. <\/p>\n\n\n\n

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. <\/p>\n\n\n\n

Does the U.S. Constitution Protect Undocumented Immigrants?<\/strong> <\/p>\n\n\n\n

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 <\/em>14th Amendment<\/em><\/a>, 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 \u2014 documented or undocumented.”<\/em> <\/p>\n\n\n\n

This means that fundamental civil rights, including due process, apply to every person on U.S. soil, regardless of how they arrived. <\/p>\n\n\n\n

Workplace Rights for Immigrant Workers<\/strong> <\/h3>\n\n\n\n

Whether you work in construction, agriculture, manufacturing, or any other industry, you are protected by law. Here is what you need to know: <\/p>\n\n\n\n

The Right to a Safe Work Environment<\/strong> <\/p>\n\n\n\n

Under the Occupational Safety and Health Administration (OSHA<\/a>), 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. <\/p>\n\n\n\n

The Right to Be Free from Retaliation<\/strong> <\/p>\n\n\n\n

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. <\/p>\n\n\n\n

The Right to Emergency Medical Care<\/strong> <\/p>\n\n\n\n

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. <\/p>\n\n\n\n

Can Immigrants File Personal Injury Claims?<\/strong> <\/h3>\n\n\n\n

Yes, and courts across the country have affirmed this clearly. <\/p>\n\n\n\n

In the landmark 1991 case Montes v. State Industrial Insurance System<\/em>, 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. <\/p>\n\n\n\n

Additional legal protections reinforce this right: <\/p>\n\n\n\n