What are my rights if my employer fired me or reported me to ICE after I filed a workers’ compensation claim?

Under New Jersey workers’ compensation law, it is illegal for an employer to retaliate against a worker because they filed a claim for workers’ comp. If your employer undertakes an adverse action against you, such as terminating your employment, reducing your hours or wages, assigning you to undesirable work tasks, or reporting your immigration status to the authorities, you may have the right to recover additional compensation in a workers’ comp retaliation claim. In addition, even if your employer fires you or if you are deported, your employer remains liable to provide you with workers’ comp benefits.

How long do I have after a work accident to file a workers’ comp claim?

If you were injured on the job, you should report the work accident to your employer within 14 days, but no later than 90 days after the accident. And if you need to file a formal claim with the New Jersey Division of Workers’ Compensation, you have two years from the date of a work accident to file the claim, or two years from the date that you were last paid workers’ comp benefits if you are challenging the termination of your benefits.

New Jersey Undocumented Worker Injury Lawyers | Immigrant Employee Injury Attorneys Totowa, NJ

New Jersey Undocumented Worker Injury Lawyers

Immigrant Employee Injury Attorneys In Totowa, NJ Fight For The Rights Of Hardworking Undocumented Workers Hurt On The Job In Passaic County, Hudson County, Essex County, Bergen County, And Throughout NJ

Undocumented immigrants unfortunately work some of the hardest, most dangerous jobs available, usually for minimal pay. This puts these workers at significant risk of serious physical harm. But you may be surprised to learn that, regardless of the legality of such an employment arrangement, undocumented workers in New Jersey are entitled to the same workers’ comp benefits as any other employee in the state. But given the difficulties of their situation, injured undocumented workers often face significant challenges in obtaining the benefits they deserve under the law. The New Jersey undocumented worker injury lawyers of Camili & Capo, PA stand ready to fight for NJ workers’ compensation for undocumented workers.

Our firm has the experience, skill, and tenacity to fully represent your interests, including taking your case to a workers’ comp hearing or to court if necessary. You should not be bullied or threatened out of the financial benefits available to you in the workers’ compensation system. If you are an undocumented worker who was hurt on the job, you have legal rights to financial compensation regardless of your immigration status. Reach out to Camili & Capo, PA for a free initial claim review to discuss how we can help you pursue the workers’ compensation benefits you need and deserve.

Get Free Advice From An Experienced New Jersey Trial Lawyer. All You Have To Do Is Call (973) 834-8457 or Fill Out Our Free Case Evaluation Form.

Common Work Injuries Suffered By Undocumented Workers

Undocumented workers frequently work in jobs that require extensive manual labor and expose workers to numerous injury hazards. As a result, undocumented workers may suffer a wide range of serious, debilitating injuries, such as:

Broken bones
Ligament sprains or tears, or muscle and tendon strains and tears
Herniated disc injuries
Spinal cord injuries and paralysis
Repetitive stress injuries
Overexertion
Exposure injuries, including hyperthermia/hypothermia, sunburn, or frostbite
Internal organ injuries and internal bleeding
Burns
Electrocution
Lacerations, abrasions, and avulsions/degloving injuries
Eye injuries and hearing or vision loss
Head injuries and traumatic brain injuries
Amputation

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Anyone who is in need of legal representation should contact Camili & Capo. This guy knows what he’s doing!
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His team has always gone above and beyond for me and my clients. I would highly recommend his firm to everyone.
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What Benefits Are Available Under The Workers’ Compensation System?

Undocumented workers who work for pay are entitled to all the same benefits available to other eligible workers under the workers’ comp system in New Jersey. These benefits include:

Medical benefits, which include all reasonable and necessary medical treatment and rehabilitation following a work injury or occupational illness
Temporary disability benefits, which partially replace lost wages when a worker needs to miss time from work due to a work-related injury or illness or experiences a reduction in income while working in a part-time or light-duty role during their recovery period
Permanent partial disability benefits, which offer financial payments that are based on the type and severity of permanent impairment or loss of body part/bodily function, if the worker can still work with the impairment
Permanent total disability benefits, which continue wage replacement benefits for as long as a worker’s disability renders them unable to return to any type of gainful employment

In addition, if a worker’s death is caused by a work injury or occupational disease, their surviving dependents may be entitled to death benefits under workers’ compensation, which include contributions towards funeral and burial expenses and financial payments to the worker’s dependents.

How Will New Jersey Undocumented Worker Injury Lawyers From Camili & Capo, PA Help You Protect Your Rights To Benefits?

If you are an undocumented worker who was hurt on the job, you should not have to fight for the workers’ compensation benefits you need and deserve on your own. Get the legal representation you need to protect your rights and interests. When you turn to Camili & Capo, PA for help after a work accident, our firm will fight on your behalf by:

Recovering evidence from the accident to help establish your right to workers’ compensation
Sitting down with you to go over what to expect during the claims process
Documenting your expenses and wages to ensure you receive the full benefits you are entitled to under the law
Filing your workers’ comp claims with your employer, or pursuing a formal claim petition with the state if necessary to secure the benefits you need
Going to court on your behalf to demand financial recovery and justice for you if your employer attempts to retaliate against you for filing a workers’ comp claim, including by terminating your employment or reporting you to immigration authorities.

Facing A Legal Matter In New Jersey And Have Questions? We Can Help. Just Tell Us What Happened. Call (973) 834-8457 Or Fill Out Our Convenient Free Case Evaluation Form.

Contact Our Firm For A Confidential Case Evaluation To Go Over Your Legal Options

Do not give up your right to receive workers’ compensation benefits simply because you are worried about your undocumented immigration status. Contact Camili & Capo, PA today for a free, no-obligation consultation to learn more about your legal options and protections under New Jersey law if you were injured on the job.

New Jersey Undocumented Worker Injury Lawyers Answer Frequently Asked Questions About NJ Workers’ Compensation For Undocumented Workers

Under New Jersey workers’ compensation law, it is illegal for an employer to retaliate against a worker because they filed a claim for workers’ comp. If your employer undertakes an adverse action against you, such as terminating your employment, reducing your hours or wages, assigning you to undesirable work tasks, or reporting your immigration status to the authorities, you may have the right to recover additional compensation in a workers’ comp retaliation claim. In addition, even if your employer fires you or if you are deported, your employer remains liable to provide you with workers’ comp benefits.
If you were injured on the job, you should report the work accident to your employer within 14 days, but no later than 90 days after the accident. And if you need to file a formal claim with the New Jersey Division of Workers’ Compensation, you have two years from the date of a work accident to file the claim, or two years from the date that you were last paid workers’ comp benefits if you are challenging the termination of your benefits.