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 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.
Construction Accidents $5 Million Dollars won by demolition worker that was knocked off ladder by HVAC duct, fracturing arm, requiring back surgery, amongst other injuries.
pay no fees unless we win your case
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.


My uncle unfortunately had a construction accident. He retained Jacob Oresky & Associates, PLLC as his attorneys. They won his case and we were very pleased with the results.


The office did a great job. I am very satisfied with the results. They are really good people.


I had the best experience having Jacob Oresky & Associates, PLLC as my attorneys. I would fully recommend their services.


I really liked the work from the office. I appreciate what they did for me. I had quick results and I feel very happy. Thank you for everything.


Thanks to Jacob Oresky I received my settlement sooner than I expected. I thought that my case would take longer, but with Jacob Oresky it was hassle free. Not only that, I was continually notified of the status of my case.


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


When an accident occurs and you´re in pain and lost at the moment, trying to figure out what just happened. Thankfully for me, I called the lawyers Jacob Oresky & Associates for guidance and assistance. With the guidance of the good people a...


This is the law firm that works hard for you to the very end.


I recommend Jacob Oresky & Associates to anybody that had suffered an accident. They treated me like family. I love them very much.

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 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.
Who do I sue for my injuries in a car accident case?
Claims for car accidents are usually made against the insurance companies for the owners and operators of the vehicles involved in the car accident. Sometimes a driver’s employer, a business entity or other party may need to be added to the claim and future lawsuit. Make sure that all of the proper parties are made part of your case so that you receive the compensation that you are entitled to.
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.
How Do I Make an Accident Report from a Construction Accident?
If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury. First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident. Want to learn more about how to make an accident report? Read our full article here.
What questions should I ask a personal injury lawyer?
When searching for a personal injury lawyer, you should ask questions about their experience, services and results.  You only have one chance to recover and finding the right lawyer can make a big difference in the final outcome of your case, the level of services that you receive, and the amount of compensation that you are awarded.   Want more information? Read our full article 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.
What happens if I am partially at fault for my car accident?
As long as you are not 100 percent at fault for your car accident you can still recover money damages for your injuries from the other party who caused your accident. Most accidents involve some degree of comparative fault between the parties.
Can I Sue For A Work-Related Injury?
You can sue for a work-related injury under certain conditions. Typically, employers in New York have immunity from personal injury lawsuits, but there are exceptions. There may be other liable parties (other than your employer) who do not have this immunity. You can read our full blog post here to find out more.
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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