An injured workers immigration status does not affect his or her right to collect New York Workers Compensation Benefits.

A question that often comes up is, "Does my immigration status matter if I've been injured on the job?"  This is an extremely important question, whether you're here with a special Visa, or if you are even undocumented, or if you actually have an undocumented worker working for you.  The bottom line is that New York Workers' Compensation alien status does not matter. That means, even if you're here undocumented or your Visa expired, if you've been injured on the job and you were working for someone, you will be covered by Workers' Compensation.

This is very important because it discourages people from just hiring undocumented workers and then, literally, leaving them at the doorstep of hospital if they have been injured.  It encourages employers to, of course, have proper insurance and if you have proper insurance and have to fill out forms, you're usually going to, probably, hire people who are on the books or documented, so that you don't get into any problems with your insurance policy.  But again, the most important thing for an injured worker is that if you've been injured while working, regardless of your status in immigration, you will be covered by Workers' Compensation.