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The Law Offices of Frank J. Dito, Jr.

New York to Grant Domestic Workers’ Disability Benefits

Frank J. Dito, Jr.
Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.

Posted on Aug 22, 2010

Aug. 20, 2010 - New York - After 6 years of struggle, the Domestic Workers Bill of Rights was signed into law by Governor David Paterson in July.

ColorLines.com reports that the bill provides domestic workers with the right to overtime pay, one day off per week, unemployment insurance, and most importantly, disability benefits. The only restriction the bill imposes is that it bans collective bargaining or unionizing. The organizers pushing for the bill allowed for this restriction because they felt that collective bargaining was not a critical issue at the time.

Domestic workers have long struggled for basic rights provided to other types of workers. Because the majority of these workers are immigrants, and approximately 75% are not U.S. citizens, many fear deportation and therefore are reluctant to bring about disability claims for fear of investigation.

(Note: Generally speaking, only immigrants who are lawfully residing in the U.S. are eligible for Social Security disability benefits.)

The inclusion of disability benefits to New York domestic workers is a relief to many who fear the onset of a disabling condition could render them jobless and without alternative income. Since the nature of domestic work is typically unregulated, the bill is slated to provide some structure to the rights of these employees.

As the bill takes effect, many organizers nationwide are gearing up to push for similar bills in their states. Currently, the state of California is pushing for a similar law that also includes the right to collective bargaining.

Contacting a Bronx Disability Lawyer 

The Bronx disability lawyers at the Law Offices of Frank J. Dito, Jr. can help you with any sort of disability claim. Before you consider filing your claim, order this free consumer's guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim, to give you an idea of what to expect with your application process. Contact us for more information about your case - 1-718-701-2776.

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