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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 30 Years Of Fighting Cases In The Courts

Construction Accidents $9.9 Million Settlement for worker injured during building construction
Construction Accident $7.5 Million Verdict for construction worker injured in fall from scaffold while performing demolition. 
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.
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.


Thank you so much for everything. I really appreciated all of the personal attention I received. I felt welcome and informed. This is such a wonderful team. I hope all the best for everyone.


I had a car accident and was hurt really bad. Jacob Oresky took my case and helped me in every step of the way. He made sure that the insurance company paid all my medical expenses and that I was compensated for all my pain. The staff was always f...


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...


The attorney Jacob Oresky prepared me personally to testify on my case. I felt well prepared and he made me feel very calm. He accompanied me on every step and every moment.


I give them thumbs up. They explained everything to me. They made sure that I understood everything about my case. They made me feel like I was part of their family.


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


I had a great experience with Jacob Oresky’s Office. He was always there when I needed him. He and his staff provided me with great service.


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


I fell from a beam to the floor below. My boss refused to call an ambulance and took me home and told me to rest. I was in a lot of pain and I decided to go to the hospital on my own. I found out it was serious so I called attorney Jacob Oresky. M...

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

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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