There has been much discussion (maybe too much!) about the election and how our newly elected President will act on the immigration issue.
Without discussing the politics of this important matter, there are important components our the law in New York that will always protect all persons residing in this state, regardless of the person’s citizenship or visa status.
Firstly, any person who is injured in a motor vehicle accident as a driver, passenger, pedestrian, or bicyclist is protected under the No Fault Law. Except for limited situations (e.g., a driver who is under the influence of drugs or alcohol), all medical expenses, lost wages, and miscellaneous expenses (e.g., taxi to and from medical treatment, etc) are covered under this law. “Any person” includes visitors, citizens, and those without permission to reside or work here. It is a law that encompasses the basic human right that all people should be treated fairly and equally. It is a tenet of law that is derived in a basic human right.
Secondly, if a person is injured in the course of his or her employment, they are protected under the Workers Compensation Laws of New York State. Again, regardless of visa status, a worker is entitled to receive medical benefits as well as lost wage benefits.
I do not believe that the federal government will interfere with these laws. The laws are formed under the power of the states to oversee matters within the state. In my opinion, such laws will remain in effect and will continue to protect injured persons and workers.
If you are injured in a car accident or a work related accident, you should call our office and seek the opinion of an experienced and knowledgeable attorney, Charles DeStefano. Mr DeStefano is also fluent in Spanish.