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.
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.
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.
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.