Can undocumented immigrants collect workers’ comp benefits in New York?

New York is clear on this point: Workers’ Compensation covers every employee, regardless of whether they are documented, undocumented, or have a work visa. The law defines “employee” broadly under NY Workers’ Compensation Law §2(4) and does not carve out exceptions based on immigration status.

If you were hurt on the job in New York, you have the right to medical care and lost-wage benefits — period. The insurance carrier cannot deny your claim solely because you lack legal immigration status. Courts in New York have repeatedly upheld this principle.

Many undocumented workers fear that filing a claim will trigger contact with immigration enforcement. Workers’ comp filings do not go to ICE or CBP. The WCB is a state labor agency, not an immigration agency, and it does not report claimants to federal immigration authorities.

There is one complication worth knowing. If the insurer argues you cannot return to any kind of work in the U.S. due to your undocumented status, that argument can affect the wage loss portion of your case in some hearings. This is a legal issue your attorney needs to address directly with documented counter-arguments about your earning capacity.

Hablamos español. We understand that fear and language barriers stop many workers from claiming benefits they are legally entitled to. Our office has helped many Spanish-speaking and immigrant clients navigate the WCB process safely and successfully.

Your injury is real. Your rights are real. Call us for a free, confidential consultation — no fee unless we win.