You work hard every day on a construction site, and one moment of someone else’s negligence can change your life. If you’ve been hurt on the job, speaking with a New York construction accident lawyer about your rights is an important first step. New York law offers strong protections for all workers, regardless of where they were born or how they entered the country.
In this guide, Dervishi Law Group, P.C., will explain what you need to know about filing a claim as an immigrant worker and how working with a construction accident lawyer in New York can help you protect your rights.
Does Your Immigration Status Affect Your Right To File a Claim?
The short answer is no. In New York, your immigration status does not prevent you from filing a personal injury or workers’ compensation claim after a construction accident. New York courts focus on the facts of what happened and who was responsible, not on your documentation.
The 14th Amendment to the U.S. Constitution provides equal protection under the law to all persons physically present in the United States, not just citizens. New York State civil law reinforces this principle, and anyone injured here may pursue compensation through the legal system. Allowing injured workers to go uncompensated simply because of their background would create a two-tiered justice system where employers face no real consequences for unsafe conditions.
Workers’ Compensation Rights for Immigrant Construction Workers
New York’s workers’ compensation system covers virtually all employees in the state, including undocumented workers. This applies whether you are documented, undocumented, or working under an informal arrangement. Workers’ compensation may cover:
- Medical expenses: Treatment costs related to your construction site injury, including hospital visits, surgery, and rehabilitation
- Lost wages: A portion of your lost income while you recover from your injuries
- Disability benefits: Additional compensation if your injury results in a permanent or partial disability
According to the Bureau of Labor Statistics, New York employers reported over 122,400 nonfatal workplace injuries and illnesses in a single recent year, with construction ranking among the leading industries in the state in terms of fatalities. The New York City Department of Health reports that construction workers make up only 5% of New York City’s total workforce but account for 27% of all work-related fatality deaths. The same report found that nearly 61% of construction workers who died on the job between 2007 and 2014 were foreign-born.
These statistics highlight the real risks immigrant construction workers face every day. If you’ve been injured, consider consulting a New York construction accident lawyer.
New York’s Scaffold Law and Legal Rights of Undocumented Workers After Construction Injuries
New York has some of the strongest construction safety laws in the country, and they apply to every employee on the job site. Labor Law 240 and Labor Law 241 place strict liability on property owners and general contractors when workers are injured in falls or by falling objects. These statutes apply regardless of a worker’s immigration status or employment documentation.
The New York City Department of Buildings tracks work site accidents and enforces safety requirements on construction projects across the five boroughs. In a landmark decision, the New York Court of Appeals ruled in Balbuena v. IDR Realty that undocumented workers can recover lost wages in personal injury cases. The court reasoned that letting employers escape accountability due to a worker’s documentation status would undermine the vital safety laws New York has built.
Filing Injury Claims: The Step-by-Step Process
Many immigrant workers hesitate to file a claim because they fear deportation or exposure. Pursuing a personal injury lawsuit or workers’ compensation claim is a civil matter, not an immigration enforcement action, and your conversations with an attorney are confidential. Here are the general steps involved:
- Report the injury: Notify your employer about the accident as soon as possible.
- Seek medical attention: Get evaluated by a doctor and make sure your injuries are documented right away.
- Document everything: Photograph the accident scene, your injuries, and any unsafe conditions if you are able to.
- Consult an attorney: Speaking with a construction accident attorney in New York who has experience with immigrant worker cases can help you understand all of your options.
Compensation Options for Injured Immigrant Workers Explained by a Construction Accident Lawyer in New York
Beyond workers’ compensation, you may also be able to file a third-party personal injury lawsuit if a contractor, property owner, equipment manufacturer, or another party contributed to your injury. Damages in a third-party claim can include full lost wages, pain and suffering, and future medical costs, all of which can be significantly higher than what workers’ compensation alone provides.
A study published in Demography and indexed by the National Institutes of Health found that immigrant workers are significantly more likely than native-born workers to be employed in physically risky jobs with elevated injury hazards. That elevated risk makes it all the more important to pursue every legal avenue available to you after a construction accident.
Construction Accident Claims for Undocumented Workers: What You Cannot Be Denied
Employers and insurance companies may try to use your immigration status to delay, reduce, or deny your claim. Under New York law, this is not a legitimate defense, and you cannot be denied medical treatment or compensation simply because you are undocumented. New York’s workers’ compensation laws were written to protect all workers, and that protection does not have an immigration exception.
An employer who retaliates against you by threatening to report your status or terminating your employment may be violating New York law, and a construction accident attorney in NYC can help you identify what happened to guide you in taking appropriate legal action.
Are You Looking for a Construction Accident Attorney in New York?
Filing a construction accident claim as an immigrant worker is not just possible; it is your legal right in New York. At Dervishi Law Group, P.C., we understand the unique pressures that immigrant workers face and are committed to helping you pursue every legal avenue available for your case.
If you’ve been hurt on a construction site, hiring a construction accident lawyer who understands these complexities can make all the difference. Call Dervishi Law Group, P.C., today at (718) 204-4757 to speak with a New York construction accident lawyer about your options.
FAQs Answered by a Construction Accident Attorney in NYC
Here are some commonly asked questions that injured immigrant workers often ask about construction accident claims in New York.
Can an Undocumented Worker File a Workers’ Compensation Claim in New York?
Yes, an undocumented worker can file a workers’ compensation claim in New York, as the state’s workers’ compensation system covers employees regardless of their immigration or documentation status.
Will Filing a Claim Put My Immigration Status at Risk?
Filing a personal injury or workers’ compensation claim is a civil legal matter that is separate from immigration enforcement, and doing so does not typically put your immigration status at risk. If you’re concerned about the matter, consult an attorney for more information.
What Happens if My Employer Threatens Me for Reporting an Injury?
If your employer threatens to report your immigration status or retaliates against you for reporting a workplace injury, this may be a violation of New York law, and you may have additional legal recourse beyond your original claim.
How Can a New York Construction Accident Lawyer Help Immigrant Workers?
A New York construction accident lawyer can help immigrant workers understand their rights under state and federal law. They can also help them navigate workers’ compensation claims and protect them from employer retaliation.
