In the United States, workers from various fields make significant contributions to the growth and development of the country’s economy through their daily activities.
It’s important to note that millions of these workers were not born in the country but came from other countries years ago to work and provide for themselves and their families.
In fact, according to the American Immigration Council, one in six workers in the country is an immigrant, which corresponds to nearly 17% of the entire U.S. workforce.
The reality is that many of these immigrant workers are undocumented, and they wonder if they could obtain any immigration benefits if they were to suffer a workplace accident. So today, we will talk about this.
Are There Immigration Benefits for Workplace Accidents?
Firstly, it is important to highlight that all workers, whether immigrants or not, have labor rights in the United States, established by the country’s laws.
However, it must be noted that these rights are NOT directly related to immigration matters, which means that merely suffering a workplace accident does not automatically grant this type of benefit.
Therefore, a workplace accident as such does not provide sufficient and necessary grounds to submit any type of immigration petition or request to the U.S. Citizenship and Immigration Services (USCIS).
However, there are cases where these situations go beyond a mere workplace accident and involve some types of negligence, abuse, or violence towards the undocumented immigrant worker.
In these cases, to determine if it is possible to obtain any immigration benefit from this situation, it is advisable to consult an immigration lawyer who can study the case in detail and determine what possibilities exist.
What Are the Rights of Workers in the USA?
In the United States, all workers have rights, regardless of their immigration status. Some of these rights include:
- Payment for hours worked according to the agreed pay rate, taking into account the minimum hourly wage.
- Overtime pay and unpaid breaks during a shift longer than 7 hours.
- Working in a safe place that is free from physical, emotional, or sexual harm.
- There must be no discrimination based on race, religion, origin, gender, and/or age.
- Every worker has the right to request better working conditions without receiving threats of retaliation from the employer.
- Receiving medical treatment and wages if the worker is injured at work and the injury prevents them from continuing.
- Every worker has the right to leave their job at any time if they are not satisfied for any reason.