undocumented worker accidents

Undocumented Construction Worker Accidents

If You've Been Hurt In An Accident Your Legal Status Does Not Matter

Even if you are undocumented, if you have been injured on the job you are entitled to Workers’ Compensation, and in many cases a separate law suit for personal injuries.

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Experienced Construction Accident Attorneys

Undocumented Construction Worker Accidents in New York City

You may believe you are out of luck if you are an undocumented worker and suffered injuries on a construction site. Even if you are undocumented, if you have been injured on the job you are entitled to Workers’ Compensation, and in many cases a separate law suit for personal injuries.

Your legal status does not matter when recovering compensation for a work injury.

Undocumented construction workers have the same rights as anyone who suffers a workplace injury. If you are an undocumented worker who suffered injuries on a construction site, Oresky & Associates, PLLC is here to help. Our bilingual staff members can help you to feel comfortable while you receive a free consultation.

Recent Case Results

More Than 25 Years Of Fighting Cases In The Courts

Construction Accidents $9.9 Million Settlement for worker injured during building construction
Construction $7.5 Million $7.5 settlement for helper injured in fall from forklift resulting in multiple surgeries.
Construction Accidents $6.6 Million Won by construction worker that fell from scaffold sustaining serious injuries.
Construction Accidents $6 Million Settlement for electrician that fell one story off of roof during construction of an extension.
Construction Accidents $6 Million Awarded to construction worker that fell from ladder while installing window frame.
Construction Accidents $6 Million Won by construction worker that fell from ladder sustaining serious injuries.
Negligent Supervision $6 Million Awarded to 19 year old mentally disabled man that suffered severe burns as a result of institution’s failure to supervise.
Construction Accidents $5.6 Million Awarded to construction worker struck by falling object at construction site.
Construction Accidents $5.6 Million Settlement for Scaffold Installer that fell one story during construction of sidewalk bridge.
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Undocumented Workers Rights

New York State Laws Support Your Right to Compensation

Under New York State law, undocumented workers have the same rights to injury compensation as U.S. citizens or lawfully present immigrants. In fact, you still have the right to compensation even if you worked under an alias. A 2017 ruling from the New York State Appellate Division, Second Department confirmed this.

You have a right to workers’ compensation benefits and to file a lawsuit for personal injury.

We will review your case and can help you understand your legal options to get the compensation you need to cover costs associated with your workplace injury. If you suffered injuries in a fall at work — especially if you fell from scaffolding or a ladder and your employer failed to provide proper fall protection equipment — you probably have the right to hold the property owner or general contractor liable for the damages you suffered.

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I recommend Jacob Oresky & Associates, PLLC as my attorneys. They did an excellent job and I am very satisfied with the results.

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I am very grateful for what you did for me, very thankful. They were very friendly and helpful to me.

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I am very happy because my case was finish very quickly and am very satisfied with Jacob Oresky.

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The experience with Jacob Oresky has been a great one. Since the moment we chose them as our lawyers, they have been very professional in every way and we are very satisfied with their results. We will recommend them to everybody. Thank you.

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I am really happy with the services that Jacob Oresky provided me. He was always there for me and my family and provided me with excellent representation along with good and solid advice. His staff made me feel as if I was part of their family. If...

Testimonial-28

I recommend the attorney Jacob Oresky to every single person that had suffered any type of accident. They took my case and treated me like family. I’m very thankful with their services. Thank God and Jacob Oresky. Victor

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I have been treated very well by the lawyers, with compassion and respect. I believe that Jacob Oresky is one of the best lawyers to attain for what you deserve in an accident. Thank you for everything. Jacob Oresky & Associates were very hel...

Testimonial-2

I fell from a sidewalk bridge and had bad injuries and surgeries. I was frightened about my family’s future. Jacob Oresky and his team helped me get my medical bills and lost wages paid. Jacob met personally with me and explained everything. Mr....

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Jacob Oresky won my case. I saw him work hard for me. I made the right decision when I hired him. He is a great attorney. Luis

Our Process

Our Team Can Start Working for You from the Moment You Call

When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.

01. Free Case Evaluation

Call our office, send us an email, or chat with us online to receive a free case evaluation.

02. Get Signed Up

After your free case review, we can set up your client profile and gather any information you already have.

03. Start Your Recovery

We can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.


Frequently Asked Questions

Common Legal Questions

What is life like after a spinal cord injury?
The amount of independence and movement is different for each person depending on where on the spine the injury occurred. Every person who sustains a spinal cord injury will have a different lifestyle than before the injury.
How Is Fault Determined in a Car Accident?
Fault is determined by the way that the accident happened.  Did a driver go through a light or stop sign?  Was the driver speeding or driving unreasonably under the circumstances?  New York is a comparative fault state, meaning you can still recover some compensation for damages even if you are the mostly at-fault driver. Many times, the crash is a result of both drivers who share percentages of the fault.
Will my car accident case go to trial?
Most car accident cases settle before trial, however, you must be prepared to go all the way to jury verdict. If the defense counsel or the insurance adjuster senses that you are not ready to go the distance, they will try and settle for less than full value. Make sure your case is prepared to go all the way.
What Happens if the Other Driver Was Uninsured?
If the other driver was uninsured we can file an uninsured motorist claim under your vehicle’s insurance policy.  Automobile insurance policies written for New York State motorists are required to have uninsured protection.  This insurance will provide financial compensation to you, if the at fault driver does not have insurance. If you must file through your own insurer, you need a skilled law firm to help you recover the maximum money damages available.
How do I find a lawyer for a car accident?
Finding a lawyer to represent you in your car accident case requires research—there simply is no way around it. Begin your homework by searching online for car accident lawyers in your area (New York City, Bronx, or Queens, for example). As you review their websites, check for the following characteristics: 
  • Experience in personal injury law—and with car accidents, specifically
  • Results—financial value of settlements and awards
  • Positive testimonials that speak to you
You can read more about how to find a lawyer for a car accident here.
Should I get a lawyer for a car accident?
You can argue that the best time to hire a car accident lawyer is shortly after your accident happens. By hiring a car accident lawyer from our firm, you:
  • Protect yourself from insurance companies
  • Have a buffer between you and the parties who caused your accident
  • Reduce the risk of your rights being violated
The insurance company may try to get you to accept a low settlement offer. These offers come quickly but generally do not cover your long-term losses. A lawyer from our team will shield you from lowball settlement offers by fighting for the full scope of your damages. You can learn more by reading our full blog post here.
Why do I need a car accident lawyer; can’t I just call the insurance company myself and try to get a settlement?
Insurance companies have skilled attorneys working to protect them as well as adjusters whose job it is to resolve claims for as little money as possible. Car accident victims representing themselves will usually be at a significant disadvantage. You should have skilled personal injury attorneys at your side, like those at Oresky & Associates, fighting for your rights, with a proven track record of obtaining over $300 Million Dollars in verdicts and settlements for New York accident victims. Contact us today to schedule a free consultation with an experienced New York car accident attorney.
What does a personal injury lawyer do?
Personal injury lawyers help victims recover compensation for injuries and damages that someone else’s negligence caused. They do this by helping clients with insurance claims and/or civil lawsuits. Want to learn more? Read our full article here.
Experienced Accident Attorneys

Recoverable Damages Available After a New York City Construction Site Accident

Regardless of your legal status, all workers are entitled to workers’ compensation benefits if they get hurt on the job in New York City. The State Workers’ Compensation program provides benefits that cover:

  • Your medical bills
  • A portion of your lost wages
  • Funeral or burial expenses, if the worker dies in the accident

However, these benefits are usually not enough to cover all of a worker’s losses and expenses related to getting treatment, missing work, and suffering a painful injury. This is where New York Labor Law Section 240(1) comes in. Under this law, construction workers may be able to hold the property owner or a contractor liable for their injuries by filing a lawsuit in civil court.

If we pursue this civil remedy for you and win your case, you may be eligible for a wide range of damages in addition to what you have received from workers’ compensation. The exact value of your case will depend on the severity of your injuries and the actual damages you suffered. However, some of the most common types of damages available may include:

  • Additional compensation for medical expenses
  • Rehabilitation and therapy costs
  • Ongoing care costs
  • Additional lost wages
  • Lost Benefits
  • Out-of-pocket costs
  • Pain and suffering damages

Meeting the Requirements for Compensation After an NYC Construction Accident

In general, there are two ways to get compensation after an NYC construction site accident:

  • Workers’ compensation; and
  • Filing a third-party claim in civil court

Neither of these require you to prove citizenship, legal residency, or provide any other type of documentation of your legal status. For workers’ compensation, you will need to show:

  • You were working for an employer; and
  • You suffered injuries while working

It is a little harder to qualify to hold a property owner or contractor — liable for your injuries. However, we can review your case and help you collect the necessary evidence. In general, if we can show they violated any of the strict protections provided by state and federal law to keep workers safe (and that violation caused your injury), we can file a civil suit and try to hold them liable.

For example, imagine you suffered injuries when poorly-maintained scaffolding fell. You were not using any fall protection equipment because your employer did not provide it. Under New York’s Labor Law we can hold the general contractor and commercial owner liable for your injuries and related damages because they have a legal obligation to provide you with the proper equipment to keep you safe.

Undocumented Construction Worker Accident Cases

Our team knows the state and federal laws that offer strong protections for the city’s construction workers inside and out. We will help you understand them and the rights they afford you if you suffered injuries in an accident at work. We provide vigorous advocacy against owners and contractors who deny culpability and liability in injury accidents.

Our bilingual staff members are standing by, ready to help you and our accident law firm protect you and your right to compensation.

If we review your case and believe you have the right to hold the property owner or contractor responsible, we will:

  • Help you understand your options for compensation
  • Investigate your accident and determine liability
  • Gather evidence to build a strong case
  • Handle your case on a contingency basis

No case is too complex for our team. Give us a call and let us evaluate your situation for a free consultation. You have nothing to lose.

Your Legal Status Doesn't Matter

Talk to a Construction Worker Injury Lawyer in New York City

Attorney Jacob Oresky and the team from Oresky & Associates, PLLC can help you understand your legal rights after a New York construction site injury, regardless of your status. We can explain the legal remedies available to you above and beyond workers’ compensation, and help you pursue the compensation we believe you deserve.

We represent injured workers in the Bronx, Queens, Brooklyn, and all of New York City as well as on Long Island. Call us today at 718-993-9999 to schedule your complimentary consultation.

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