Non-Citizens Can Seek Compensation for Construction Injuries
April 28, 2023
Under Nebraska law, construction workers who are hurt at the worksite are eligible to pursue compensation for their injuries. However, different issues often arise when the injured party is a non-citizen. Generally, both undocumented immigrants and green card holders are allowed to file for workers' compensation benefits or personal injury claims in Nebraska. Unfortunately, some dishonest insurance providers may cite various reasons to deny, delay, or undervalue your claims.
For more than 50 years, our firm has been offering compassionate representation and dedicated legal guidance to clients in their construction site injury cases. Our highly-skilled Nebraska personal injury attorneys can evaluate every aspect of your case thoroughly, explore your possible legal options to recover damages, and help you pursue your rightful financial compensation. We're proud to serve clients throughout Omaha, Nebraska, and the surrounding counties.
Filing a Personal Injury Claim in Nebraska
In Nebraska, injured employees may be able to seek damages by filing workers' compensation claims, personal injury claims, or wrongful death claims if the person died from the construction site mishap.
Workers' Compensation Benefits
Workers' compensation is a mandatory "no-fault" insurance policy that gives employees various benefits to help them recover after a workplace injury or illness. In Nebraska, the following workers' compensation benefits may be recovered:
wage loss benefits
total disability benefits
partial disability benefits
vocational rehabilitation benefits
A trusted Nebraska worker's compensation attorney can help file your claims and attempt to pursue your deserved workers’ comp benefits.
Personal Injury Claim
Another option for seeking damages when involved in a construction site incident is by filing a personal injury claim. To recover damages after a negligent construction site injury, the victim can proceed by:
filing a claim with their own insurance carrier
filing a third-party claim against the insurance provider of the at-fault party
filing a personal injury lawsuit in civil court against the at-fault party
Wrongful Death Claim
According to the U.S. Bureau of Labor Statistics, there were 39 total fatal work injuries in Nebraska in 2021. If the victim died in the construction site incident or as a result of their construction site injury, their surviving loved ones may be able to recover damages by filing a wrongful death action. In Nebraska, the personal representative or executor of the decedent's estate must file the wrongful death claim.
OSHA and Immigration Status
According to the Occupational Safety and Health Administration (OSHA), immigration status is completely irrelevant to the rights of the employee to a safe workplace and the obligation of the employer to provide a safe working environment.
Hence, regardless of immigration status, all employees are covered by the workers' compensation system. Whether you are a U.S. citizen, a non-U.S. citizen, or an undocumented immigrant, you may be entitled to pursue compensation if you suffered a work-related injury or illness.
Nebraska Workers' Compensation and Immigration Status
Nebraska workers' compensation laws are designed to protect an employee's right to seek compensation after an on-the-job injury or illness. However, there are some popular collective notions about whether the employee's immigration status will affect their ability to pursue damages.
In a January 2013 verdict, Moyera v. Quality Pork International, 825 N.W.2d 409 (Neb. 2013), the Nebraska Supreme Court ruled that an undocumented immigrant was protected by the state's Workers' Compensation Act.
Hence, an undocumented worker injured on a construction site may be entitled to seek compensation from their employer or insurance provider. A trusted workers' compensation lawyer can help file your claims and recover your rightful benefits.
Immigration Status and Personal Injury Lawsuit
Under federal and state laws, both improperly or properly documented immigrants have the same right to file a personal injury claim or seek damages when injured by a negligent party. Essentially, the immigration status of the claimant will not be admissible as evidence in a personal injury case.
Therefore, whether you are a citizen or non-U.S. citizen, you're within your rights to file a personal injury lawsuit against the party responsible for your construction site injury. An experienced Nebraska personal injury attorney can help file your lawsuit, seek to establish liability, and help you pursue the financial justice you deserve.
Fight for Your Rights, No Matter Who You Are
Being involved in a construction site incident can be a difficult and overwhelming experience. Such an unfortunate incident can affect you physically, mentally, and financially. Thankfully, Nebraska laws allow you to seek compensation for your injuries by filing a claim or lawsuit, regardless of whether you're a citizen, a non-U.S. citizen, or an undocumented immigrant.
At Harris & Associates, P.C., L.L.O., our attorneys have the diligence and experience to support and represent clients in their construction site injury claims. As your legal counsel, we can evaluate all of the facts of your personal situation and determine whether you should file a workers’ compensation claim or personal injury claim. Above all, our reliable team will fight vigorously for your best interests and help you pursue fair financial compensation for your injuries, damages, or losses.
If you were hurt in a construction site mishap, you may recover damages. Contact us at Harris & Associates, P.C., L.L.O. today to schedule a simple case assessment with a skilled workplace injuries attorney. Our devoted lawyers can guide you through the complex procedures involved in filing claims and recovering damages. We proudly serve clients throughout Omaha, Dodge County, Sarpy County, Douglas County, and Lancaster County, Nebraska.