Losing someone you love is painful enough. But when that person was an undocumented worker, you might feel even more lost, especially when you are unsure if you have any legal rights. The truth is, your loved one’s immigration status does not cancel their right to safety. And if someone else’s carelessness caused their death, you may still have the right to seek justice.
Many undocumented workers take on dangerous jobs in construction, farming or factories. Some employers cut corners on safety or training. When that happens, accidents can turn deadly. Families left behind often feel powerless and afraid to speak up. Thankfully, wrongful death laws in many states, including Arizona, do not ask about immigration status but focus on the facts of the incident.
The law still protects you: What to know
If you are thinking about filing a wrongful death claim after losing an undocumented loved one, here is what can help:
- Know that you may still have rights: Courts often focus on the facts of the death, not your immigration status.
- Check if the employer followed safety rules: Missing gear, poor training or ignored hazards can show negligence.
- Gather any work records or witness info: Pay stubs, text messages or coworkers who saw what happened can be useful.
- Avoid talking to insurance companies alone: They might try to use immigration status against you or pressure you to settle fast.
These steps can help you protect your loved one’s memory while standing up for the justice your family deserves.
Filing a wrongful death claim may feel overwhelming, especially with immigration fears in the mix. But do not let fear stop you from seeking legal help.