Workers Comp Lawyer in NYC : Hiring Foreign Workers

Employers must verify that foreign workers are legally authorized to work in the United States before hiring them. Form I-9 verification is a federal requirement that establishes employment eligibility. However, workers compensation coverage is separate from immigration compliance. Even if a foreign worker has valid work authorization, employers must still carry workers compensation insurance that covers all employees. New York law requires employers to maintain accurate payroll records for all workers, including foreign nationals. These records become critical if a workers compensation claim is filed, and the employer must prove the worker was on the payroll at the time of injury.

The type of visa a foreign worker holds does not affect their workers compensation eligibility in New York. Whether an employee holds an H-1B visa, L-1 visa, or another work authorization category, they are covered under the same workers compensation law as any other employee. However, visa status may affect other aspects of employment, such as unemployment insurance eligibility or tax withholding obligations. A workers comp lawyer in NYC can advise on how to properly classify foreign workers for payroll and insurance purposes. Additionally, employers should consult with immigration counsel regarding compliance with foreign account reporting and employment verification requirements.

Most employers in New York with one or more employees must carry workers compensation insurance through either a private insurer or the state insurance fund. Self-insurance is available only to large employers who meet strict financial requirements. Foreign workers employed in New York are not exempt from coverage requirements. Employers cannot exclude foreign workers from their workers compensation policy or provide them with lesser coverage than U.S. Citizen employees. The only exceptions to the coverage requirement involve sole proprietors working alone, certain family members, and specific occupational categories defined by New York law. If your business employs foreign workers, you must ensure they are included on your workers compensation policy with the same coverage limits as all other employees.

Workers compensation premiums are calculated based on payroll and job classification. All foreign workers must be included in payroll reporting to your workers compensation insurance carrier. Misclassifying workers or underreporting payroll to reduce premiums is insurance fraud and can result in criminal prosecution. Employers must report the hours worked and job duties of all employees, including foreign nationals, accurately and completely. A workers comp lawyer in NYC can review your payroll practices and insurance reporting to identify any compliance gaps. Proper documentation and transparent reporting protect your business from audit liability and ensure that injured workers receive appropriate benefits.

The New York Workers Compensation Board has ten regional offices throughout the state, with several serving the NYC metropolitan area. Employers in New York City typically interact with the Manhattan or Queens office of the Board, depending on the employee's work location. Claims are filed with the regional office that covers the area where the injury occurred. The Board employs administrative law judges who hear disputes between employers, insurers, and injured workers. Procedures before the Board are less formal than civil court proceedings, but strict rules still apply regarding evidence, witness testimony, and documentary proof. A workers comp lawyer in NYC can guide you through the administrative process and represent you at hearings before the Board's administrative judges.

When a foreign worker files a workers compensation claim in New York City, the Board will determine benefit eligibility based on the worker's wages and job classification at the time of injury. Immigration status is not a factor in benefit determination. However, disputes may arise regarding the worker's employment history, wage records, or job duties. A workers comp lawyer in NYC can help resolve these disputes by presenting clear documentation and evidence. Additionally, if a foreign worker's employment authorization expires or is terminated after an injury, questions may arise about ongoing benefits and medical treatment. New York law generally protects injured workers from benefit reductions based on changes in employment status, but legal guidance is essential in these complex situations.

New York employers must maintain detailed records for all employees, including foreign workers. These records should include employment dates, job titles, duties performed, wages paid, and hours worked. For workers compensation purposes, accurate payroll records are essential because they determine benefit amounts if an injury occurs. For immigration purposes, Form I-9 and supporting documentation must be maintained for three years after hire or one year after termination, whichever is longer. A workers comp lawyer in NYC can advise on documentation standards that satisfy both workers compensation and employment law requirements. Maintaining organized records protects your business in the event of an audit, claim dispute, or government investigation.

If your business operates internationally or maintains accounts outside the United States, you may have additional compliance obligations. Foreign account reporting and compliance obligations can be complex and carry significant penalties for noncompliance. While foreign account reporting is distinct from workers compensation law, employers should ensure that all aspects of their business operations remain compliant with federal and state requirements. A workers comp lawyer in NYC can coordinate with tax and compliance specialists to address these overlapping obligations. Comprehensive compliance planning protects your business and ensures that hiring foreign workers does not create unexpected liabilities.