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Non-Citizens Have the Right to Fair Compensation for a Construction Site Injury

The Fostel Law Firm Sept. 20, 2023

Injuries are a common occurrence at work. In a physically demanding field that carries with it higher levels of risk—like construction—the danger only increases. According to data compiled by the U.S. Bureau of Labor Statistics, there were 533 fatal occupational injuries reported in Texas in 2021, with many of these fatalities being in the construction field.  

With many non-citizens employed in construction-related jobs, questions frequently arise regarding whether these workers are entitled to the same level of compensation as U.S. citizens. The fact is that all workers have the right to fair injury compensation for construction site injuries, regardless of their immigration status. 

At The Fostel Law Firm, I am committed to providing all of my clients with the very best legal representation. If you have been injured on the job while working at a construction site—even if you are a non-citizen—I am ready to stand by your side and help you seek the financial compensation you deserve. From my base of operations in Houston, I am proud to represent clients throughout the state of Texas, Southeast New Mexico, and nationwide. Reach out to me today to schedule a consultation to discuss your case. 

Filing a Personal Injury Claim in Texas

If you are injured on the job in Texas, you have multiple options regarding the pursuit of compensation, depending on the details of your unique situation. 

Workers’ Compensation

Though the state of Texas does not require all companies to carry workers’ compensation insurance, you may be eligible to seek compensation through the state’s Department of Workers’ Compensation. It should be noted that filing a workers’ compensation claim will prevent you from pursuing a personal injury lawsuit. 

Personal Injury 

If your employer does not carry workers’ compensation coverage, your best option may be to file a personal injury claim against them. 

Wrongful Death

If your loved one was killed in a construction site accident, you have the option to file a wrongful death claim against their employer to seek compensation. 

OSHA & Immigration Status

All U.S. labor laws—including regulations overseen by the Occupational Safety and Health Administration (OSHA)—apply to all employees, no matter what their immigration status may be. This includes all rules regarding employee safety and injuries. 

Texas Workers’ Compensation & Immigration Status

Likewise, the state’s Texas Workers’ Compensation Act provides equal rights and privileges under the law to all workers in the state, whether they are U.S. citizens, permanent residents, or undocumented workers. Though laws vary from state to state, there are other states that allow undocumented workers to seek compensation from their employers after being injured on the job. 

Immigration Status & Personal Injury Claims

Even non-citizens have the right to pursue legal action when it comes to personal injury claims. The law does not differentiate between citizens and non-citizens in such claims. 

Let an Experienced Attorney Be Your Guide 

Pursuing compensation after a workplace injury shouldn’t be affected by your immigration status. If you were injured on a construction site while you were on the job, you have the same rights as anyone else to seek compensation. With the help of an experienced personal injury and workers’ compensation attorney, you can put yourself in a position to get what you need. I have a track record of helping workers injured on construction sites seek the compensation they deserve. 

At The Fostel Law Firm, I am proud to represent individuals, workers, and their families in a wide range of injury cases. Throughout the legal process, you can trust me to stand up for your rights and keep you fully informed about every step of your case. Reach out to me today to schedule a consultation to talk about your legal options. From my Houston office, I proudly serve clients throughout the state of Texas, as well as Southeastern New Mexico and across the country.