Author Archives: Blick Law

Written by: Michaella Radich

Representing immigrants in personal injury cases presents many challenges for attorneys. Unfortunately, because of the unlawful and undocumented status of many immigrants living in the United States, they are commonly employed in low-paying, dangerous jobs, typically in construction, agriculture, and manufacturing. Many undocumented immigrants don’t report the crimes, abuses, or injustices they experience on the job out of fear of being deported.

There are two categories of unauthorized immigrants: those who entered the country without inspection, and those who were inspected, but have stayed past the date on their visas. All unauthorized immigrants face potential detention or deportation. But, it is possible for immigrant clients to obtain lawful immigration status through work authorization cards, issued by the Department of Homeland Security, stays of removal, or requests for humanitarian parole.

Representing an unlawful immigrant is an ethical challenge for attorneys. A lawyer who represents a client involved in fraudulent conduct is required to take remedial measures, which in some cases involves disclosure to the tribunal. While entering the country illegally and working undocumented are not necessarily felonies, pretending to be a U.S. citizen by obtaining false paperwork is a felony. In personal injury cases, it is crucial that the attorney is aware of the client’s status, so he or she can comply with all ethical standards.

A large number of undocumented immigrants are paid under the table, which raises questions about available insurance coverage. It must be determined if the worker is considered an employee or an independent contractor. Courts will consider a variety of factors involving the employers’ right to control in making this determination. Seeking workers’ compensation benefits may provide the quickest recovery, while nullifying potential tort recovery. If seeking tort recovery, then questions about liability claims are raised. Generally speaking, commercial liability policies contain an independent contractor exclusion that rules out coverage for bodily injury of independent contractors.

Vocational and economic loss issues are arguably the most important aspect of the immigrant worker’s case. Questions often arise involving the worker’s ability to seek recovery of loss, and impairment of future earning capacity. Jurisdictions are split on whether or not immigrant workers are able to recover future lost earnings as damages in the tort action.

Blick Law Firm has over 40 years of experience in providing high-quality legal representation and counsel in several areas of practice, including immigration and personal injury law. If you or a loved one have questions regarding immigration or personal injury, call 888-973-2776 to speak with one of our trusted attorneys today! For more information, (Click Here).

The holidays are always a special time to spend with friends and family. Blick Law Firm wants to help you and your family stay safe and healthy to enjoy the season to the fullest. As the holiday season approaches, be aware of your surroundings, use good judgment, and be prepared.

We tend to spend more time out and about during the holiday season. At this extremely busy time of year, it is important to be aware of your surroundings and keep a close eye on your belongings. Keep the following in mind as you prepare for the holidays:

• Shop during daylight hours if possible. If you must go at night, never go alone and always park in a well-lit area.
• Avoid carrying large amounts of cash.
• Keep a hold on your purse or wallet at all times. Cross-body bags are the safest, because they are difficult to steal.
• Never leave valuables visible inside your vehicle, as it increases the risk of theft. Lock items in the trunk when necessary.
• If you must use an ATM, choose one in a safe location. Never throw your receipt away at the ATM.

The holidays are a time of celebration for families and friends. Remember the following if you are hosting or attending a party:
• Turn off any appliances and electronics that could cause a fire as soon as you are finished using them. Always have a fire extinguisher handy in case of emergency.
• Have non-alcoholic drinks available for guests.
• If you are planning to drink, know your safe limit, and arrange for a designated driver ahead of time.
• When you are away, leave a light on inside your home to deter thieves from entering.

Decorating is a huge part of many holiday traditions. Unfortunately, if proper safety precautions are not taken, decorations can pose a threat to your safety. Always:
• Place any sharp, breakable, or flammable decorations and ornaments out of the reach of children and pets.
• Be sure your Christmas tree and any other heavy decorations are mounted securely, so they do not fall unexpectedly.
• Inspect the wiring on lights and electronic decorations. Frayed or damaged wiring can cause fire.
• Do not place gifts or valuables near windows, as they may attract thieves.

Children are especially vulnerable during the holidays. Kids are easy targets for thieves and criminals, so to keep your family safe this holiday season, remind children:
• To stay close to you at all times in public.
• To go to the store clerk or security officer immediately if they get separated. Teach your children their full name, address, and phone number so that law enforcement can help them if necessary.
• Not to talk to strangers.

Blick Law Firm wishes you and your loved ones a safe and happy holiday season. If you are the victim of a crime, involved in an auto accident, or injured this holiday season, our trusted team of attorneys is here for you! Call 888-973-2776 for a free consultation today!