If you or someone you care about has been injured in an accident, the first thing you should do is get emergency medical help. If you cannot call for help, try to get to a hospital as soon as possible. For many, this is a bit of a no-brainer. For undocumented immigrants, there is an unfortunate misconception about doctors reporting undocumented people to the authorities.
You should not face deportation solely for seeking treatment at the hospital. This fear tends to plague immigrant communities, as undocumented people do not want to risk being removed from the United States. Not only that, but many undocumented people are afraid of taking legal action related to the accidents that put them in the hospital in the first place. Again, this tends to come down to fears of being deported if they contact the authorities about their accident or injuries. An attorney can help you get the fair compensation you need while advising you of your rights and how to protect yourself.
Call The Martello Law Firm, PLLC at (914) 685-6950 and ask our Westchester, NY personal injury attorney for a free initial case evaluation.
Getting Medical Treatment as an Undocumented Immigrant in NY
It is not uncommon for people who are undocumented immigrants to avoid seeking medical attention. They are often afraid that medical professionals will report their immigration status, and that they might be deported from the United States. The truth is that you are not likely going to face deportation simply by going to a hospital in New York.
According to 8 U.S.C. § 1227(a)(1)(B) of the Immigration and Nationality Act, a person may be considered deportable or removable if they are present in the United States in violation of the law. Depending on their situation, this could include certain undocumented immigrants. However, simply being unlawfully present in the U.S. is usually not enough to make the authorities deport someone.
While being undocumented might mean you technically can be deported, the authorities tend to focus on people who they believe pose a threat to public safety or national security. If you have not committed any crime, used falsified documentation, or otherwise done something illegal, you might not risk deportation. Not only that, doctors and nurses are usually not concerned with the immigration status of patients, and it might not even come up at the hospital.
Why Some Undocumented Immigrants Are Afraid of Going to the Hospital in NY
It is not unusual for undocumented immigrants to be hesitant when seeking help. As such, many people who are undocumented avoid hospitals because they believe doctors will report their immigration status to the authorities. In reality, undocumented people should get the medical attention they need and speak to our White Plains, NY personal injury attorneys about how to get compensation.
Many undocumented people seek medical attention related to work Injuries. In such situations, accident victims fear being reported by their doctor and retaliation from their employer. Not only do they fear being fired, but their employer might report them to immigration authorities in an attempt to have them removed from the country before they can initiate any legal action.
This exact reason is why undocumented people who are injured at work should contact an attorney for help as soon as possible. What many people do not realize is that employers often violate labor laws when they knowingly hire people who are undocumented. Your lawyer can help protect you from retaliation and hopefully get you the fair compensation you deserve.
Car accidents are another common reason why many undocumented immigrants might need medical attention. Unfortunately, many people are afraid that hospital staff will contact the police because car accidents often must be reported to the authorities. Similarly, many undocumented people are afraid of getting help for things like bus accidents, especially those involving governmental entities like public transportation. The perceived risks are even greater since the government may be directly involved in public transportation accidents.
While there is a lot of fear regarding hospitals and getting help after accidents, your immigration status should not stop you from seeking help. Doctors do not turn people away based on their immigration status, and neither should lawyers.
What to Do if You Are an Injured Undocumented Person in Need of Medical Care in NY
It can be intimidating for undocumented people in need of help to reach out to the authorities or attorneys. However, your top priority should be getting emergency medical care, especially if your injuries are serious. Call for help if you need it. At the very least, someone should drive you to the hospital. At the hospital, your immigration status is unlikely to come up. Doctors will treat you regardless of your status and might not even ask.
If doctors, nurses, EMTs, or any other hospital staff member asks you about your immigration status, you do not have to answer them. They are not law enforcement, and it is not their job to have you deported from the United States. However, be careful about what information you provide. Using false documents to make others believe you are a legal citizen is illegal and may be grounds for deportation. It might be best to avoid the subject entirely, if possible.
After you receive medical care, contact a lawyer and discuss how your accident happened. Your attorney can help determine whether you have a valid legal claim for damages and the best method to get fair compensation. Remember, the attorney-client privilege binds your attorney, and they should not disclose your immigration status to anyone without your approval.
Speak to Our NY Personal Injury Attorneys for Assistance with Your Case
Call The Martello Law Firm, PLLC at (914) 685-6950 and ask our Yonkers, NY personal injury attorney for a free initial case evaluation.
