Many Chinese immigrants have been engaged in physical labor for years in the United States, making them susceptible to various types of accidental injuries. However, lacking basic legal knowledge and professional guidance often leads to their rights being compromised. Recently, a lawyer advised that Chinese individuals should not easily sign settlement documents before understanding their rights.
Senior attorney James Napoli from the law firm of Napoli & Associates spoke at a legal seminar hosted by the New York East Asian Association on March 18. He pointed out that due to language barriers, individuals injured in the workplace are often taken to unofficial medical facilities by their employers and dishonestly report injury causes to doctors, such as “slipping and falling,” which can later complicate the case due to lack of evidence and affect compensation. There are also victims of traffic accidents who, upon seeing a compensation check of three to five thousand dollars brought by insurance company agents, proceed to sign settlement documents, only to realize later that their ability to seek further claims has been restricted.
“Regardless of whether it’s a workplace accident or a traffic incident, victims should immediately call 911 for assistance and request an ambulance to ensure timely medical care and create a record with the police as crucial evidence for future compensation claims,” the lawyer stated. “Additionally, if possible, victims should use their phones to take photos of the accident scene, including the surroundings, injured areas, relevant tools or vehicle license plates, and obtain contact information from witnesses to facilitate future testimonies.”
During the seminar, attorney James Napoli reflected on his 35 years of legal practice and shared numerous real-life case examples. He emphasized that Chinese victims should promptly contact a lawyer to help retrieve surveillance footage and secure favorable evidence; for injury cases involving municipal responsibilities, claims must be submitted within 90 days to ensure acceptance within the legal timeframe.
Moreover, before accepting compensation offers from employers or insurance companies and signing settlement documents, victims should consult with a professional attorney to ensure that such decisions align with their best interests.
In New York, regardless of the victim’s immigration status, they have the right to seek legal counsel and file lawsuits for compensation. Attorney James Napoli stated that residents experiencing work-related injuries, car accidents, drug-related harms, abuse, or other mishaps can seek assistance from their firm’s representatives at East Broadway Mall at 88 East Broadway in Chinatown.
Also present at the legal seminar was attorney Christian Kubic and his multilingual team.