Undocumented Workers Gaining Protection In NY

Law360, New York (May 7, 2014, 1:32 PM EDT) -- Undocumented immigrants reportedly make up a significant portion of the workforce in the U.S., including hundreds of thousands of undocumented employees in New York. These individuals work in the restaurant, construction and domestic service industries, among others. See, generally, 44 Colum. J.L. & Soc. Probs. 447, 447-449 (2011). What impact does immigration status have on civil tort liability and the workers compensation law? Generally, none.

In Balbuena v. IDR Realty LLC, 6 NY3d 338, 363 (2006), the New York State Court of Appeals held that an injured employee’s status as an undocumented alien does not preclude recovery of lost wages in...

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