Thursday, 18 June 2009
New York construction accident lawyers recently settled three illegal immigrants' cases for a total of $3.85 million, The New York Times reports.
A 33-year-old Mexican plumber who was badly burned by an exploding pipe got the largest award of the trio, with $2.5 million in damages. The other two awards went to a 52-year-old Mexican worker whose foot was crushed by a steel beam and a 36-year-old Ecuadorean roofer who fractured his hip after a number of 200-pound tresses collapsed on him. They were awarded $750,000 and $600,000, respectively.
The Times article stresses information that is not news to the best New York construction accident lawyers: illegal immigrants have the same right to seek damages as a worker who is in the country legally.
As New York construction accident attorney David Perecman has said, "When you're standing up on a scaffold 70 feet off the ground for ten dollars an hour, your boss calls you hard-working cheap labor. After you fall and break up your body, NOW you're an illegal alien. When juries hear that, they get angry at the defense for even having brought it up."
Not only would mentioning a plaintiff's immigration status rile up juries - it would also be largely irrelevant to the case. As the Times points out, in the 2006 case Balbuena v. I.D.R. Realty L.L.C., the New York State Court of Appeals (the highest court in the state) affirmed that illegal immigrants have the right to compensation for workplace accidents.
While hardly groundbreaking news, it is good to see the Times devoting some space to this issue. For people not steeped in New York personal injury news and arcana it would be easy to assume illegal immigrants do not have the right to seek these damages. Now, at least a few people know better.
[The New York Times via City Room]








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