In the US, specifically in regions like New York, a large percentage of workers in the construction industry are undocumented. Irrespective of their contribution to the nation, these workers face many obstacles with regards to legal claim and coverage being provided to them for injuries sustained while working. This article seeks to explain what legal protections exist for undocumented construction workers who are injured on the job and what legal services are available to them and how a medical record review service can help lawyers on these matters.
The Role of Undocumented Workers in the Construction Industry
Who Are Undocumented Workers?
Undocumented workers are individuals who do not possess legal authorization to work in the United States. In the construction sector, they often face:
- Lack of Safety: A great portion of undocumented labourers toils on physically demanding jobs lacking basic safe practices.
- Insufficient Employment Safety Training: They often work without sufficient training, making it more likely that an accident would happen.
Statistics on Undocumented Workers in Construction
- It’s estimated that a NY, almost 40% of construction workers are undocumented.
- Research data confirms that undocumented workers suffer serious injuries at a higher rate than their documented counterparts – two times, higher to be specific.
Legal Rights of Undocumented Workers in New York
Workers’ Compensation Benefits
Under New York law, all workers, regardless of immigration status, are entitled to workers’ compensation benefits if injured on the job. These benefits include:
• Medical Care and Rehabilitation: This pertains to the required medical treatment for the particular injury.
• Wage Replacement: This is the payment made instead of the wage to compensate for the lost income, to a maximum average two-thirds of salary.
• Travel Expenses: Costs incurred while attending the medical appointments will also be reimbursed.
Right to Sue for Negligence
In addition to workers’ compensation, undocumented workers have the right to sue third parties for negligence that leads to workplace injuries. This includes:
• Landlords of the business premises
• Main contractors
• Any other lower tier contractors
• Companies that produce the tools and machines for use at work
A landmark ruling by the New York Court of Appeals in 2006 confirmed that undocumented workers could file personal injury claims for injuries resulting from Labor Law violations.
Protections under New York City’s Human Rights Law
New York City’s Human Rights Law provides additional protections for undocumented workers, prohibiting:
• Discrimination due to one’s immigration status.
• Employers threatening to or actually harassing workers out of their jobs to avoid deportation.
• Payment of lesser wages set for undocumented workers.
Common Challenges Faced by Undocumented Workers
Fear of Deportation
Due to the fear of deportation, illegal immigrants are often hesitant to report a workplace accident or consequential injuries. Their condition, in addition to being more serious than it has to be, is self-destructive in nature.
Lack of Awareness
Undocumented immigrants are not well informed of their legal rights and remedies as a result of which they tend to be less vocal about injuries and other claims that they may have.
Language Barriers
Undocumented immigrants face a lot of hurdles in speaking with their legal representatives and healthcare professionals owing to the language difference, which makes it harder for them to operate within the legal framework.
How Medical Records Review Can Assist Attorneys
Importance of Medical Records
Medical records are crucial in construction accident cases, providing:
• Proof of injuries: Description and assessment of the physical injuries that were sustained during the accident.
• Treatment history: Details of the medical professional’s services that were rendered and the keystones of injuries that aided in putting the doctor’s sign as a measure of damage done to the patient’s health.
Our Services
As a medical records review company, we assist attorneys by:
• Conducting thorough reviews: Looking through a medical record and collecting pertinent data to bolster the case.
• Summarizing findings: Compiling and restating the medical records to make understanding simple enough for the case.
• Expert testimony: Within the context of the case, offering expert advice regarding medical issues where appropriate.
Case Studies
Case Study 1: Injury Due to Unsafe Working Conditions
Overview: A construction site worker who was undocumented fell off scaffolding because of poor safety systems at the place of work.
Challenges: The employee was reluctant to report the injury owing to the fear of being deported.
Solutions: The attorney provided clarification on the legal rights of the employee and assisted in filing the worker’s compensation claim as well as a personal injury suit against the contractor.
Case Study 2: Equipment Malfunction Leading to Injury
Overview: A worker who was undocumented suffered significant injuries due to a malfunctioning equipment piece on the job site.
Challenges: The issue of liability was difficult because multiple parties, such as the manufacturer of the equipment and the general contractor, were involved.
Solutions: The attorney undertook the responsibility on themselves to investigate the claim more deeply to collect evidence from the site and speak with other experts regarding the situation to prove fault. A lawsuit was filed against the general contractor in addition to the equipment manufacturer.
Conclusion
While undocumented workers in the construction industry have numerous problems, they do have some legal protections which can be useful in the case of an injury. Knowing these rights is equally important for the workers as well as the lawyers who work with them. Medical records review services are critical when it comes to legal claims because they provide necessary documents and expert opinions that help win the case. It is imperative to make undocumented workers cognizant of their rights and the resources to aid them so that they can through the maze of the legal system and get what is rightfully theirs.
