You were injured on the job. Maybe it was a fall at a construction site. Maybe a machine at the factory. Maybe years of heavy lifting finally caught up.
Now you are in pain, you cannot work, and you are afraid. Afraid that filing a claim will put you at risk. Afraid your employer will retaliate. Afraid that your immigration status means you have no options.
You have options. Here is what the law actually says.
Can Undocumented Workers File for Workers' Comp in New York?
Yes. New York Workers' Compensation law does not require citizenship or a Social Security number. Every worker injured on the job in New York — regardless of immigration status — has the right to file a claim and receive benefits.
This includes:
- Workers paid in cash or off the books
- Workers without formal employment paperwork
- Workers whose employers told them they are not covered
- Day laborers and temporary workers
If you were doing work for someone and you got hurt, you are likely covered.
Will the Workers' Compensation Board Report Me to Immigration?
No. The WCB does not inquire about immigration status. The claim form (C-3) does not require a Social Security number. The Board's purpose is to process injury claims, not enforce immigration law.
Workers' compensation in New York is a closed state system. Case information is not publicly available. The federal government — including the Department of Homeland Security — does not have automatic access to New York State workers' compensation records. Unless someone is a party of interest on your case, they will not know it exists. Filing a WCB claim does not trigger immigration enforcement.
Can My Employer Threaten Me for Filing?
No. New York Workers' Compensation Law Section 120 makes it illegal for an employer to retaliate against any worker for filing a claim. This includes:
- Firing you
- Reducing your hours
- Threatening to report your immigration status
- Pressuring you not to file
If your employer has made threats, that is a separate violation — and it strengthens your case, not weakens it.
What If I Do Not Have a Social Security Number?
You can still file. The WCB uses an assigned case number to track your claim. You do not need an SSN to:
- File a C-3 claim form
- See a doctor for your work injury
- Receive lost wage benefits
- Get a Schedule Loss of Use award
What If I Was Paid in Cash?
Cash payment does not disqualify you. It does mean your attorney will need to establish your wages and employment through other evidence:
- Text messages about work schedules or pay
- Photographs from the job site
- Testimony from co-workers
- Any written records, even informal ones
- Tax records — if you have filed taxes on cash earnings using an ITIN, those IRS records help establish your income
A tip: Even if you have not filed taxes before, start keeping track of what you are paid and consider filing. When it comes time to prove your wages in a workers' comp claim, tax records may be the only reliable evidence you have.
Construction and factory workers are frequently paid in cash. Experienced workers' comp attorneys handle this routinely. Learn more about construction workers' compensation claims.
What Benefits Am I Entitled To?
The same benefits as every other injured worker in New York:
- Medical treatment — all necessary care for your work injury, paid by the insurance carrier
- Lost wages — two-thirds of your average weekly wage while you cannot work
- Schedule Loss of Use — compensation for permanent impairment
- Death benefits — for families of workers killed on the job
Your benefits are determined by your injury and your wages. Not by where you were born.
Why Choose a Firm That Only Represents Workers?
Insurance carriers and some employers try to use immigration status as a weapon — to discourage claims, dispute employment, or pressure workers into settling for less than they deserve.
You need a firm that has never represented an insurance company. That is Schotter Millican. We represent injured workers only, in English, Spanish, and Polish. We have recovered over $13 million for more than 1,000 workers.
Your consultation is free. We do not charge a fee unless we win your case.
Key Takeaways
- Undocumented workers have full workers' comp rights in New York
- Workers' comp is a closed state system — the federal government does not have automatic access to your case information
- Employer retaliation — including threats about status — is illegal
- Cash payment and lack of SSN do not disqualify you — but keep records of your earnings and consider filing taxes
Lastimado en el trabajo? Tiene derechos — sin importar su estatus migratorio. Llame al (718) 770-3708. Consulta gratis. No cobramos a menos que ganemos.
Hurt on the job? Call (718) 770-3708 for a free consultation. No fee unless we win.
Mowimy po polsku — zadzwoń (718) 770-3708.