Foreign Citizens' Specific Problems & Rights
Foreign non-EU immigrants who are staying and working in Greece, whether legally or illegally, have very specific rights but also serious and imminent problems and difficulties, the handling of which requires special knowledge and experience. Being in close contact and collaboration with foreign countries' Embassies in Greece, the nationals of which represent the majority of the labor immigrants in our country (Philippines, Egypt, former USSR countries, Pakistan and others), our firm is particularly sensitized towards the problems of these persons and to the hardship they have to go through in this Country and have thus dedicated a great part of our practice to the protection and defense of their rights.
It is essential for third-country citizens living and working in Greece to realize that according to our Constitution and Laws they have the same rights to compensation in almost any case of personal injury as Greek citizens. In cases of work-related accidents, road accidents, injuries suffered as a result medical malpractice or by way of consuming a defective product or otherwise, the law does not examine whether the third-country citizen possesses a valid work and/or residence permit. The same applies to most of the rights related to labor, including right to minimum legal wages provided for by the National Collective Agreements.
An Example of a Fatal Road Traffic Accident Suffered by an Illegal Immigrant - Real Case
A foreign illegal immigrant entered the northern borders of Greece without passing through the legal authorities' checks since he did not possess the required legal documents of identification and permits. He was offered a lift to the next town by a private car which he hitch-hiked after he entered into the Greek territory, but a few minutes later the car crashed into another vehicle and the foreign immigrant was killed. An action for compensation of the family of the victim was filed in Greek Courts against both cars' insurance companies, based on the fault/negligence of both drivers and the poor illegal immigrant's family, consisting of parents and a number of brothers and sisters, living in a village of a foreign country. All the aforementioned relatives of the deceased illegal immigrant were awarded substantial amounts as recovery for their mental pain and sorrow for the loss of their beloved relative. The Court never examined whether the victim was legally staying in Greece. |
An Example of a Work-Related Accident Suffered by an Illegal Third-Country Construction Worker - Real Case
A third-country citizen was working in the construction of a building, without possessing a residence/work permit, and as a result did not enjoy social security that would provide him with pension in case of disability resulting from an accident. The construction worker was severely injured when he fell from the third floor while carrying heavy loads and despite surgeries and medical treatment he became 100% permanently disabled for work. He and his family (wife and minor children back in his poor country) were left with no means of living whatsoever. A claim was raised against the employer for failing to observe and maintain standards of safety in the enterprise and the foreign worker was awarded a very significant compensation. |
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Seamen's Accidents
