Are undocumented workers covered by New York workers' comp? Yes.

In New York, workers' compensation follows the job, not your immigration papers. Undocumented workers are "employees" under the law and are entitled to the same medical care and cash benefits as anyone else — and your employer cannot use your status to escape the claim.

Key facts

Coverage depends on the employment relationship, not immigration status (NY Court of Appeals, Microtech, 2014).
You get the same medical treatment and cash/lost-wage benefits as any injured worker (Ramroop, 2008).
You do not need to prove immigration status to file a claim.
Your employer cannot use your status to defeat the claim, and the Board guards against status-based retaliation.

Why you're covered

New York's Workers' Compensation Law defines who's covered by the existence of an employment relationship — it contains no exclusion for immigration status. New York's highest court confirmed this in New York Hospital Medical Center of Queens v. Microtech Contracting Corp. (2014), holding that undocumented workers are covered employees and that "the employees' immigration status does not affect the employer's rights" under the law. The same logic that covers the worker covers the employer — the relationship is recognized regardless of the illegal hire.

The same benefits — with one nuance

Undocumented workers receive medical care and cash disability benefits like any claimant; in Ramroop (2008) the Court of Appeals acknowledged that "primary workers' compensation benefits" are available regardless of status.

The nuance to knowTwo narrow areas can get contested: a specific supplemental benefit (WCL §15[3][v]) requires participating in an approved rehabilitation program, which can require work authorization; and for reduced-earnings benefits, a carrier may argue any inability to find work stems from lack of work authorization rather than the injury. These are fact-specific fights, not a bar to your core benefits.

Will filing expose me?

You don't have to document immigration status to file, and the workers' comp system is a benefits process, not an immigration-enforcement channel. The Board's stated policy is protective: in January 2024 it announced it would support requests for prosecutorial discretion (including deferred action and work authorization) for noncitizen workers who are part of a claim or investigation, specifically to shield workers from employers who threaten status-based retaliation.

Be precise about thisThe Board's policy is protective and status proof isn't required to claim — but that's official practice, not an absolute legal guarantee that status can never reach immigration authorities. If you have status concerns, talk to an immigration attorney as well as a workers' comp attorney. And remember: an employer who had no coverage is the one in legal trouble, not you.

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