Protecting Your Legal Rights
Immigrants Rights for Undocumented Workers
The United States Court of Appeals for the Second Circuit affirmed a judgment from a New York district court which awarded an undocumented alien lost earnings based on the rate of pay in the United States and not in his native Brazil after he fell from a roof while working at a construction site. He suffered disabling personal injuries caused by the negligence of a construction site owner and a general contractor because they did not provide adequate safety equipment in violation of the New York Labor Laws. The federal district court held that the claim under the New York Labor laws was not preempted by federal immigration laws.
Therefore, if you are an undocumented worker and have been involved in a personal injury accident caused by someone else's negligence, we can help you recover. Under New York law, undocumented workers are protected for personal injuries arising from violations of the New York Labor Laws.
No-Fault Law
New York is a no-fault insurance state. This means that motor vehicle accident victims can be compensated for their economic loss regardless of who was at fault in the accident. This also means that you may be able to recover your damages more quickly.
If you are involved in an auto accident, whether as a driver, passenger, or pedestrian, the insurance coverage for the car involved covers your damages even if the driver of the other car was at fault. Likewise, the driver and passengers of the other car are compensated for their injuries by the insurance policy that covers the car in which they were riding. Although all motorists in New York are required to maintain liability insurance, you may find yourself in a situation where you have suffered injuries and there is no insurance. You may still be able to recover no-fault benefits from a state agency called the Motor Vehicles Accident Indemnification Corporation. Call our office today and schedule your free consultation so that we can discuss your options with you.
Third Party Liability/Workers' Compensation
If you have been involved in a work-related accident, you may be able to recover more than just workers' compensation benefits. Although you cannot file suit against your employer since workers' compensation is your exclusive remedy, you may be able to recover from unrelated, responsible third parties, including property owners, third-party contractors, and equipment manufacturers. For example, if you are injured by a large piece of machinery while working in a factory, you may be able to recover from the manufacturer of the machinery if there was a defect with the machinery (in addition to your workers' compensation benefits). Call our office today to talk with an attorney. We will work with you to determine whether there may be additional parties that are liable to you for your injuries.
Tolling of the Statute of Limitations (Minors' Rights)
A statute of limitations is a time limit on when a lawsuit must be filed following an accident. If you do not file your lawsuit within this limit, your action will be barred and you will not be able to file it at a later date. However, under certain circumstances, that time limit can be tolled or extended. If you were a minor at the time of the accident, that time limit does not start until you turn 18. If you think you might have a reason for the time limit to be extended, contact our office today and we will be glad to schedule a free consultation.
Injured in an Accident/What to do Next
If you have been injured in an accident, there are certain steps that you should take to protect yourself and your legal rights:
- See a doctor if your injuries require it
- Take pictures of your injuries
- Take pictures of any property damage
- Do not speak with the other party's insurance company
- Do not sign anything without a lawyer reviewing it
- Contact a personal injury attorney as soon as possible
Contacting an experienced personal injury attorney as soon as possible after an accident is important to protecting your legal rights. Mr. O'Gara can immediately begin to obtain evidence and talk with witnesses so that he can maximize your chances of recovery.
