Can an Undocumented Worker Sue for a Construction Accident?
Immigrants make up more than 60% of the workforce in the construction industry in New York. Among these, nearly 40% of the workers are undocumented. Data shows that undocumented immigrants in the construction industry are rarely provided with the training they need and are often forced to work in unsafe working conditions. As a result, undocumented workers are more likely to suffer serious and fatal injuries in construction accidents compared to other workers.
Unfortunately, many undocumented workers who are injured in construction accidents do not get the medical care, benefits, or compensation they are entitled to, as they are not aware of their rights under state and federal law. Even those who are aware of their legal rights are often hesitant to file a claim, as they are afraid that their actions could result in unintended consequences – including getting deported.
If you are an undocumented construction worker, it is important for you to know that you have the same rights and enjoy the same legal protections as documented workers. If you have been injured in a construction accident, you are not only eligible to receive workers’ compensation benefits, but also have the right to sue any third-party whose negligence caused or contributed to the accident.
Rights of Undocumented Workers in New York
Workers’ Compensation
Under New York law, any worker who is injured or disabled in a workplace accident is eligible to receive workers’ compensation benefits – regardless of their immigration status. Even if you are paid in cash or paid off the books through other means, you are still eligible to receive workers’ comp benefits.
These benefits include:
- Medical care and rehabilitation
- Compensation (up to two-third of your average weekly earnings)
- Travel expenses associated with your medical appointments
Personal Injury Claim
Under New York Labor Law, any worker who is injured in a workplace accident has the legal right to sue the party responsible for the accident and recover compensatory damages. In 2006, the New York Court of Appeals ruled that undocumented workers who are injured as a result of Labor Law violations are eligible to file a personal injury claim and recover compensation.
Apart from this, a wide range of legal protections are also available for undocumented workers under New York City’s Human Rights Law. The law prohibits the following practices by employers.
- Refusing to pay a worker due to their immigration status
- Paying lower wages to undocumented workers
- Harassing workers due to their immigration status
- Threatening to deport undocumented workers
Who Can Be Held Liable for a Construction Accident in New York?
Depending on the facts related to your case, one or more of the following parties can be held liable for your injuries.
- Property owner
- General contractor
- Subcontractors
- Architects, engineers, and designers
- Manufactures and suppliers of defective equipment or construction materials
- Government agencies (if the accident was caused by defective public infrastructure near the construction site)
- Other third-parties including independent contractors, workers hired by other subcontractors, drivers of passenger and commercial vehicles, and more
It should be noted that New York's laws, particularly the Scaffold Law (Labor Law § 240 and § 241), impose strict liability on property owners and general contractors for certain types of construction accidents involving elevated work. What it means is that you might be able to hold them liable even if your own actions contributed to the accident.
Get Maximum Compensation for Your Injuries and Losses with Our Top-Rated New York Construction Accident Attorneys
Accidents at construction sites can be catastrophic and leave you with life-changing injuries and financial burdens. If you have been injured in a construction accident, you need a dedicated and experienced New York construction accident lawyer by your side.
At the Law Offices of Michael S. Lamonsoff, we have a team of personal injury lawyers who have a proven track record of success in handling complex construction accident claims involving undocumented workers. We bring more than 150 years of combined litigation experience and unmatched legal knowledge to the table and are prepared to fight aggressively to get you the compensation you deserve.
Call us today at 212-962-1020 or use our online contact form to schedule a free consultation with one of our New York construction accident lawyers.