Posts Tagged ‘immigrant rights’

Many undocumented immigrants in the United States are forced to work in hard labor positions often in substandard conditions.  These workers fear deportation, and many employers take advantage of this fact, intimidating the workers by threatening to have them deported if they bring forth any claims.  Recent litigation, however, has proved that undocumented immigrants have recourse and should not be afraid to sue their employers if injured on the job.

Last month, three undocumented immigrants injured in construction accidents in New York were awarded settlements totaling $3.85 million.  A 33-year-old Mexican plumber was injured by an exploding pipe at 44 Wall Street in December 2004; he was scalded all over his body and settled for $2.5 million.  Separately, a 52-year-old Mexican construction worker was injured in January 2004 when a steal beam fell on his foot at 130 Fulton Street; he settled his damage claim for $750,000.  Another immigrant worker, a 36-year-old Ecuadorean worker sustained a fractured hip and other injuries when three tresses, each weighing 200 pounds, collapsed on him in August 2007 while he was working a roofing job at the Arverne by the Sea residential development in Queens; he settled for $600,000.

The right of undocumented immigrants in New York to recover for injuries sustained in workplace accidents was affirmed by the New York Court of Appeals in Balbuena v. I.D.R. Realty L.L.C., decided in 2006.  In Balbuena, the Court ruled that undocumented immigrant laborers had the same rights as other workers.  In light of these recent settlements, it seems New York continues to stand by Balbuena, and undocumented immigrants no longer need to live in fear of standing up for their rights against their employers for workplace injuries.

Other issues that immigrant workers may face is asbestos exposure that may cause mesothelioma.