No. In New Mexico, being undocumented does not cancel your right to workers' compensation or a claim against the driver who caused the crash. An employer cannot use deportation threats to block you from reporting an on-the-job injury.

If you were hurt while working - for example, a car crashed into the gas station or hit you in the lot during your shift - you can usually seek workers' compensation benefits through the New Mexico Workers' Compensation Administration. That can include medical care and partial wage benefits. Your immigration status does not erase that coverage just because the injury happened at work.

A separate claim may also exist against the at-fault driver. In New Mexico, the usual deadline for a personal injury lawsuit is 3 years from the crash date.

For workers' comp, the timing is much shorter. You generally must give your employer notice of the injury within 15 days. If benefits are denied or not paid, a formal workers' comp claim usually must be filed within 1 year.

A threat like "if you report this, I'll call ICE" is not how the system is supposed to work. Workers' comp is a state benefit system, not an immigration enforcement program. Reporting an injury to your employer, a doctor, an auto insurer, or the Workers' Compensation Administration does not automatically start deportation proceedings.

If the employer is trying to intimidate you, save proof:

• texts, voicemails, or emails with threats
• witness names
• your work schedule and pay records
• the crash report number
• photos of the scene and your injuries

If a wrong-way driver or another non-employer caused the crash, workers' comp and a third-party injury claim can sometimes move at the same time.