Accidents Happen. Your Rights Matter.
In the United States, many immigrants suffer accidents every day. Some get hit by a car, others fall at a store, get hurt at work, or trip on a broken sidewalk. If you are an immigrant, maybe without legal papers, you might feel scared to speak up. You might ask:
- Can I sue if I don’t have a green card?
- Will calling a lawyer get me in trouble with immigration?
- Can I get money to pay for the hospital?
In this guide, we explain the truth. We show you what rights you have and what you can do. The good news is: you have rights, even if you are undocumented.
Let’s explore the 4 most common personal injury cases that affect immigrants.
1. Car Accidents
Imagine this: you’re driving to work. You follow the rules. Suddenly, another driver hits you. You go to the hospital. Now you have pain, bills, and can’t work. What can you do?
In the U.S., if someone else caused the accident, they (or their insurance) must pay for your damages. This includes:
- Medical bills
- Car repair
- Lost wages
- Pain and suffering
Does your immigration status matter?
No. It does not matter if you are a U.S. citizen, green card holder, or undocumented. If the accident was not your fault, you have the right to compensation.
Can you file a claim?
Yes. A personal injury lawyer can help you file a claim with the insurance company. If needed, they can go to court for you.
Important tips:
- Always call the police and make a report.
- Take photos of the accident.
- Go to the hospital, even if the pain is small.
- Do not speak to the other driver’s insurance alone.
2. Workplace Injuries
You go to work every day. You lift heavy boxes, climb ladders, use machines. One day, something goes wrong. You fall. A machine breaks. A chemical burns you. Now you’re hurt.
What happens next?
In most U.S. states, your employer must have workers’ compensation insurance. This pays for:
- Hospital visits
- Medicines
- Weekly payments if you can’t work
- Disability benefits if your injury is serious
What if you are undocumented?
In many states, yes, you can still get workers’ comp benefits even if you do not have legal status. The law protects workers, no matter where they come from.
But some employers may lie. They might say:
- “You can’t file a claim if you don’t have papers.”
- “You’ll be deported if you speak up.”
This is false. The immigration system and the workers’ comp system are not the same. A personal injury lawyer can protect your rights and stop employer abuse.
Tip:
- Report the accident to your boss right away.
- Ask to file a workers’ comp claim.
- Do not sign anything without a lawyer.
3. Slip and Fall at a Store or Business
You go to a store, supermarket, or restaurant. The floor is wet. There are no warning signs. You slip, fall, and break your arm. Who pays for your pain?
This is called premises liability. In the U.S., the owner of a business must keep their place safe. If someone gets hurt because they were careless, they are responsible.
You may get compensation for:
- Medical costs
- Missed work
- Pain and suffering
What if you are undocumented?
You still have the right to file a personal injury claim. The store cannot report you to ICE. If they do, your lawyer will fight back. Most businesses don’t even know your status—and it is not relevant.
What to do if you fall:
- Report the fall to the manager immediately.
- Take photos of the scene.
- Get names of witnesses.
- Go to the hospital.
4. Injuries in Public Places (Sidewalks, Parks, etc.)
You are walking on the sidewalk. There is a big crack. You trip and hit your head. Or you go to a park and sit on a broken bench that collapses. Can you sue?
Yes, but these cases are different. If the place is owned by the city or county, you may need to act fast. Some cities require a notice of claim within 30 to 90 days.
Who is responsible?
- The city or government (if they own the sidewalk or park)
- A store or homeowner (if the injury happened in front of their property)
Can immigrants sue the city?
Yes. Again, status does not matter. Everyone deserves safety in public places.
Tips for these cases:
- Take photos immediately
- Note the exact address
- Go to the hospital
- Call a lawyer right away (don’t wait!)
Can Immigration Status Affect My Case?
Many immigrants worry: “If I speak up, will ICE come after me?”
The answer is: no. Personal injury cases are civil, not criminal. ICE is not involved. You do not need to give your immigration status to the insurance company. Your lawyer can protect your privacy.
In fact, judges in many states have ruled that immigration status cannot be used against you in injury cases.
You still have the right to:
- Medical care
- Compensation
- Legal help
What a Personal Injury Lawyer Can Do for You
A lawyer will:
- Investigate the accident
- Deal with the insurance company
- Protect you from lies or threats
- File your case in court (if needed)
- Fight for the maximum compensation
You do not pay anything upfront. Most personal injury lawyers work on contingency. That means:
You only pay if they win your case.
What You Can Do vs. What You Can’t (Immigrants and Injury Cases)
| You Can Do This | You Cannot Do This |
|---|---|
| File a claim (car, work, store, sidewalk) | Lie or hide facts in your claim |
| Receive medical care | Wait too long to report the injury |
| Hire a personal injury lawyer | Sign insurance papers without advice |
| Be protected by law | Be deported just for filing a claim |
| Keep your immigration status private | Assume you have no rights |
You Have Rights. You Are Protected.
Getting hurt is painful. Getting hurt while being afraid to speak up is even worse. But you don’t have to suffer in silence. In the U.S., personal injury laws protect everyone, even if you are undocumented.
Whether you were in a car crash, got hurt at work, fell in a store, or tripped on a sidewalk — you may be able to get help and money to recover.
We understand that as an immigrant, you may feel afraid. That’s why we are here to help. We have worked with people just like you. We know how to fight for your rights and protect your future.
If you or a loved one was injured, don’t wait.
👉 Contact our law firm today at info@batistariveralaw.com. We speak your language. We understand your fears. We are ready to help you.
Batista Rivera Law — Immigration and Personal Injury Experts.