What every employee should know about their legal rights.
If your employer didn’t pay you for the hours you worked, you’re not alone. Thousands of New Yorkers are shortchanged every year, and many never realize they have legal options. This guide breaks down exactly what you can do if your paycheck comes up short—and how to get the money you earned, especially if you’re dealing with unpaid wages after a work-related injury from a falling object, construction accident, crane accident, and more.
Case Today (212) 977-2020
What’s in This Guide:
- Can you sue someone for not paying wages?
- Is it illegal to not pay someone their wages?
- What is an example of lost wages?
- How do I claim for loss of earnings?
- What can I do if I don’t get paid?
- Can I go to small claims court for unpaid wages?
- Can I take my employer to court?
- What are my rights if I am underpaid?
- Can I claim compensation for unpaid wages?
- Where to complain if your employer doesn’t pay you?
- How to calculate lost wages?
- What kind of lawyer do I need?
Can You Sue Someone for Not Paying Wages?
Yes. In New York, if an employer fails to pay you for hours worked, overtime, or agreed-upon wages, you can sue. Unpaid wages are a form of wage theft. This includes situations where your employer:
- Withholds pay after a workplace injury
- Delays payment while you’re on modified duty
- Illegally deducts wages for time missed due to your injury
- Denies sick leave or light-duty wages you’re entitled to
You can file a civil lawsuit, go to small claims court, or file a complaint with the New York State Department of Labor (DOL). A wage claim attorney can help if your employer is avoiding payment after a job-related injury.
Is It Illegal to Not Pay Someone Their Wages?
Yes. As of September 2023, wage theft is officially classified as larceny under New York Penal Law §155. Employers can face civil penalties, criminal charges, or both. Common violations include:
- Failing to pay minimum wage or overtime
- Not paying for all hours worked, including injury-related light duty or return-to-work programs
- Withholding tips or bonuses
- Bouncing paychecks or issuing late payments
What Is an Example of Lost Wages?
Lost wages include any income you should have received but didn’t. For example:
- Not getting paid for time missed after a workplace injury, even though a doctor cleared you to work light duty
- Unpaid overtime you worked before your injury
- Bonuses or commissions withheld while you were recovering
- Missed paychecks after filing a personal injury claim against your employer
How Do I Claim for Loss of Earnings?
You can file a claim with the New York State Department of Labor or file a lawsuit. Be prepared with:
- Pay stubs
- Timecards or work schedules
- Doctor’s notes or injury reports
- Employment contracts
- Emails or messages confirming your hours or wage rate
A lawyer for unpaid wages can help you document lost earnings if your employer didn’t pay you during recovery or after your injury.
What Can I Do If I Don’t Get Paid?
If your employer stopped paying you after you got hurt on the job, take these steps:
- Contact your employer in writing for clarification
- Document everything: injury dates, work hours, medical records, and pay history
- File a complaint with the New York DOL
- Contact an unpaid wages attorney or personal injury lawyer
Your injury should not be used as an excuse to deny your earned income. You can even sue if you’re undocumented.
Can I Go to Small Claims Court for Unpaid Wages?
Yes. You can file in:
- Town or Village Courts: up to $3,000
- City Courts: up to $5,000
- NYC Civil Court: over $5,000 (within NYC)
- NY State Supreme Court: over $5,000 (outside NYC)
This option may be ideal if your work injury caused short-term unpaid wage issues, but you’ll need documentation to support your claim.
Can I Take My Employer to Court?
Yes. You may file a lawsuit in civil court for any amount of unpaid wages. If you were injured and your employer failed to pay you fairly afterward, an unpaid wages lawyer can help you recover what you’re owed.
What Are My Rights If I Am Underpaid?
Under New York law:
- You have the right to full payment, even if you were working reduced hours due to an injury
- You must receive paystubs and written notice of your wage rate
- You can sue for back pay, legal fees, and damages
- Your employer cannot retaliate against you for asserting your rights
Can I Claim Compensation for Unpaid Wages?
Yes. You may recover:
- All unpaid wages
- Liquidated damages (up to 100% of the unpaid amount)
- Legal fees
- Possibly punitive damages in severe cases
The average settlement for unpaid wages varies, but workers injured on the job often face double the burden—medical costs and lost income. The law gives you the right to recover both.
Where to Complain If Your Employer Doesn’t Pay You?
- New York State DOL – File a Labor Standards Complaint (Form LS223)
- U.S. Department of Labor (WHD) – Use the Workers Owed Wages (WOW) portal
- Civil Court – File a wage claim lawsuit
- Unpaid wages lawyer – File a private claim, especially if your case also involves work-related injury compensation
How to Calculate Lost Wages
- Determine hourly rate or salary
- Count total hours worked and not paid (including light duty or post-injury hours)
- Multiply: Hourly rate × hours = base unpaid amount
- Add any unpaid overtime
- Include promised bonuses, tips, or commissions
Use documentation like paystubs, injury reports, doctor’s notes, or direct deposit records to verify.
Final Thoughts
If your employer is not paying you, especially after a workplace injury, you don’t have to stay silent. Wage theft is illegal, and New York gives you multiple paths to reclaim what you’re owed. Whether through the DOL or court, a lawyer for unpaid wages can help you act fast.
If you’re ready to take action or unsure where to start, contact our team. We’re here to help you pursue your unpaid wages claim and hold employers accountable.
