After a construction accident, undocumented workers in New York have many of the same rights as anyone else, including the right to medical care and damages for their injuries, even if they don’t have legal immigration status.
Construction sites are dangerous places. When something goes wrong and a worker gets hurt, their legal status does not take away their basic protections under New York law. These cases can get complicated, especially when employers or insurance companies try to use someone’s immigration status against them.
If you are an undocumented worker who was injured in a construction accident, our Long Island worker injury lawyers will fight to recover everything you deserve.
You Still Have Rights, Even if You Are Undocumented in the U.S.
Undocumented workers are often afraid to come forward after an injury. They worry about losing their job or worse, being reported to immigration. But here’s what matters:
- Your immigration status does not cancel your right to damages.
- New York labor laws protect all workers, regardless of immigration status.
- You can file a lawsuit if someone else’s negligence caused your injury.
Under New York Labor Law §§ 240 and 241, employers and contractors must provide proper safety protections, especially for workers involved in heights, scaffolding, and demolition. If they don’t, they may be held legally responsible for your injuries. This applies even if you are undocumented.
In addition, New York courts have ruled (e.g., Balbuena v. IDR Realty LLC, 6 N.Y.3d 338 [2006]) that undocumented workers can recover lost wages and other damages after an injury. Immigration status is not a barrier to justice.
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Damages You Could Recover After a Construction Site Accident
If you are hurt on a job site, you may have several options for getting help. In New York, you could recover:
- Medical care (e.g., hospital bills, follow-up treatment, rehab, and medications)
- Lost income (paychecks you missed while healing)
- Pain and suffering (physical and emotional harm)
- Future lost income or earning capacity
- Disability or disfigurement-related damages
- Wrongful death damages (if you are filing for a loved one who suffered a fatal work injury)
Even if you were paid in cash or “off the books,” we can help document your lost income using witness statements, work history, and other records.
Can Your Immigration Status Be Used Against You?
In most cases, no. Your immigration status should not be the focus of your injury case. New York courts have ruled that it is not fair for employers to break the law and then try to avoid responsibility just because a worker is undocumented.
As long as the job itself wasn’t illegal (like using a fake identity or committing fraud), your injury case can move forward. Employers and insurers may try to scare you. They may ask about your immigration status or threaten to report you.
That’s why it’s so important to have a lawyer who will protect your rights and shut that down immediately. If you’re worried about immigration enforcement, speak to our attorney privately. Anything you say to us is confidential.
How New York Labor Law Protects Undocumented Workers
New York has some of the strongest construction worker protections in the country. These laws apply to everyone, citizens and undocumented workers alike.
Key laws include:
- Labor Law § 240 (Scaffold Law): Requires strict safety standards for workers on ladders, scaffolds, and at heights. Employers and property owners can be held strictly liable if a fall happens.
- Labor Law § 241(6): Covers safety for demolition, excavation, and construction work. Requires employers to follow Industrial Code rules. Violations can lead to liability.
- Labor Law § 200: This law establishes a general duty to provide a safe workplace. It can apply to almost any construction site injury.
These laws are about safety, not immigration. If the job site was unsafe, your status does not change the fact that someone else may be at fault.
Why Construction Accident Cases Involving Undocumented Workers Are So Complex
Construction accident cases involving undocumented workers often have more moving parts:
- Employers may deny that you ever worked at the job site.
- They might lie about how the accident happened.
- They may refuse to cooperate.
- You may not have paperwork showing your wages or job duties.
That’s why you move fast. A good lawyer will investigate the scene, find witnesses, document your injuries, and protect your rights before the employer has a chance to cover things up or intimidate you.
What to Do if You Were Hurt on a Construction Site in New York
If you are undocumented and were injured while working construction in New York, take these steps:
- Get medical care immediately. Your health comes first, and it is important to show that you went to the doctor right away for your injury.
- Don’t talk to your employer or the insurance company alone. Our attorney will talk to them for you.
- Document what you can. This includes names of witnesses, photos of the job site, and details about what happened and how.
- Call us for help from our lawyer, who understands construction and injury law.
- Don’t lie about your status, but don’t volunteer it either. Let our lawyer handle that.
Even if you were paid in cash or worked under someone else’s name, you still may have a valid case. It all depends on the facts and how fast we can act to secure them.
Why You Should Call Our Lawyer After a Construction Accident
Insurance companies know that undocumented workers are vulnerable. They may try to delay, deny, or lowball your claim. Without a lawyer, you may walk away with nothing—or far less than what you deserve.
Our personal injury lawyer in Long Island will:
- Explain your rights clearly
- Push back if anyone threatens or intimidates you
- Investigate the accident thoroughly
- File quickly before deadlines run out
- Pursue all available sources of damages
You only get one shot at justice. Make it count.
Undocumented Construction Workers Have Rights After an Accident—Get Legal Help Now
If you are wondering what rights undocumented workers have after a construction accident in New York, talk to our team today. At Chaikin Trial Group Personal Injury Lawyers, we fight hard for injured workers, no matter their immigration status.
With $100 million recovered for our clients and decades of combined experience, we know what it takes to win these cases. Our founding attorney has spent over 20 years fighting for injured construction workers, so he knows how to take on powerful employers and insurance companies.
Our Spanish-bilingual team aims to make the process easier. We will come to you if you can’t travel, and we even offer car service for your first appointment. There are no upfront fees and no payment unless we win. Don’t let your immigration status stand in the way of your rights. Call now for a free, private consultation.