Will My Immigration Status Impact My Accident Case?
Greenstein & Pittari, LLP — New York City Personal Injury Lawyers Protecting Immigrants and Workers
Justice Has No Borders: NYC Immigrant Injury Lawyers Who Protect Your Rights
If you’ve been injured in an accident in New York City, you might worry about how your immigration status could affect your right to file a claim. At Greenstein & Pittari, LLP, our message is clear:
Your immigration status does not prevent you from seeking justice or fair compensation.
Whether you are undocumented, a visa holder, or a permanent resident, you have the same right to pursue a personal injury or workers’ compensation claim as any other New Yorker.
Our experienced NYC personal injury attorneys proudly represent injured clients across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, helping immigrant victims secure justice and compensation after serious accidents.
Immigrants Have the Same Legal Rights After an Accident
Under New York State law and the U.S. Constitution, every person — regardless of citizenship — has the right to sue for injuries caused by another’s negligence.
The Fourteenth Amendment guarantees that “no state shall deny to any person within its jurisdiction the equal protection of the laws.”
If you’ve been injured in a car accident, workplace accident, or construction site injury, you may recover compensation for:
- Medical bills and hospital expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Disability or disfigurement
- Property damage
- Future medical or rehabilitation costs
Your right to justice does not depend on your immigration status.
Can Undocumented Immigrants File a Personal Injury Lawsuit in New York?
Yes. Undocumented immigrants can file personal injury and workers’ compensation claims in New York.
State and federal anti-discrimination laws prohibit denying access to the courts based on immigration status. New York judges routinely reject attempts to raise immigration as a defense, recognizing that it’s irrelevant to liability or damages.
You also do not need a Social Security number to sue or file a workers’ compensation claim. Your attorney can verify your identity using a passport, ITIN, or other valid documents.
Your Immigration Status Cannot Be Used Against You.
In NYC personal injury cases, immigration status is inadmissible unless directly relevant (which is extremely rare).
- Courts do not report information to ICE or immigration agencies.
- Defense lawyers cannot expose or question your status to intimidate you.
- Attorney–client privilege protects your privacy.
- Insurance companies cannot deny your claim because of your immigration status.
If anyone tries to use your status against you, Greenstein & Pittari, LLP will immediately file motions to suppress that evidence and defend your rights.
Common Myths — and the Truth
Myth 1: I can be deported for filing a claim.
False. Civil courts have no connection to immigration enforcement.
Myth 2: I can’t sue because I don’t have a Social Security number.
False. Alternate identification is accepted.
Myth 3: My employer can report me.
False. Retaliation or threats of deportation are illegal under New York and federal law.
Myth 4: I can’t recover wages if I’m paid in cash.
False. Lost income can be proven with coworker testimony, pay records, or bank deposits.
Myth 5: I’ll lose my visa or green card.
False. Filing a claim does not impact your immigration applications unless fraud or criminal acts are involved.
Immigrant Construction Workers Have Full Legal Protection in NYC
Immigrants, including undocumented construction workers, make up a large portion of New York’s labor force — and they have full rights under New York Labor Law §§ 200, 240, and 241(6).
These laws protect all workers, requiring contractors, property owners, and developers to maintain safe conditions. If you were injured on a construction site, you may be entitled to:
- Workers’ compensation benefits for medical care, wage replacement, and disability
- Third-party personal injury claims against negligent contractors, property owners, or manufacturers
- Wrongful death benefits for surviving families after fatal construction accidents
Employers who threaten to report injured workers to immigration authorities commit illegal retaliation. Our attorneys know how to stop these tactics and hold them accountable.
Common Accidents Immigrants Can File Claims For
Immigrants in NYC can file claims for nearly any type of accident, including:
- Car, truck, and rideshare accidents
- Construction and workplace injuries
- Slip, trip, and fall or premises liability cases
- Pedestrian and bicycle collisions
- Medical malpractice and surgical negligence
- Defective product injuries
- Wrongful death claims
If someone else’s negligence caused your injuries, you have the same right to financial recovery as anyone else.
Damages You Can Recover in a Personal Injury Claim
You may be entitled to both economic and non-economic damages:
- Economic damages: Medical expenses, lost income, rehabilitation, and property damage
- Non-economic damages: Pain, suffering, emotional distress, and reduced quality of life
- Punitive damages: Awarded in rare cases to punish egregious misconduct
Even undocumented immigrants can receive full compensation under New York law.
Does Immigration Status Ever Affect a Case?
Immigration status rarely impacts personal injury claims, but it can play a limited role in specific circumstances, such as:
- Future wage loss: Defense lawyers may argue that projected wages should reflect your home country. We counter with evidence of your actual U.S. earnings.
- Employment-based visas: Extended medical leave might affect visa renewals; our firm collaborates with immigration attorneys to protect your status.
- Family sponsorships or financial disclosures: Personal injury settlements are not public benefits but should be appropriately reported during immigration applications.
With proper legal guidance, these issues can be managed safely and effectively.
Federal and State Laws Protect Immigrants’ Rights
- Fourteenth Amendment: Guarantees equal protection for all persons in the U.S.
- Civil Rights Act of 1964: Prohibits discrimination based on national origin or immigration status.
- New York Labor Laws: Apply equally to all workers, regardless of status.
- Attorney–Client Privilege: Ensures complete confidentiality.
At Greenstein & Pittari, we use these laws to protect immigrants from retaliation and discrimination in every stage of a case.
Steps to Take After an Accident in New York City
- Get medical attention immediately. Your health and documentation matter.
- Report the incident. Notify your employer, police, or property owner.
- Document everything. Take photos, collect witness names, and save all records.
- Avoid insurers. Please don’t speak with insurance adjusters before consulting a lawyer.
- Call Greenstein & Pittari, LLP. We’ll protect your rights from day one.
Why Immigrants Should Trust Greenstein & Pittari, LLP
- Proven success representing immigrant accident victims across all five NYC boroughs
- Experienced trial lawyers with decades of personal injury results
- Deep knowledge of New York Labor Law and civil rights protections
- Confidential, multilingual representation — English, Spanish, and more
- No fees unless we win — you pay nothing upfront
- Offices in Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
We proudly fight for New York’s immigrant and working communities — ensuring that justice is never limited by immigration status.
Contact a New York City Immigration-Aware Personal Injury Attorney
If you’ve been injured in an accident — whether on a construction site, at work, or on the road — and you’re worried about your immigration status, you’re not alone.
Call 1-800-VICTIM2 (1-800-842-8462)
Please feel free to contact us online for a free, confidential consultation.
Hablamos Español.
At Greenstein & Pittari, LLP, your immigration status will never stand between you and justice. We help injured immigrants across New York City secure the compensation, respect, and protection they deserve.