Undocumented Workers and Construction Accidents in New York: Your Rights Are Absolute

If you are an undocumented worker who was hurt on a New York construction site, the most important thing you can read is this: your immigration status has absolutely no effect on your rights under New York Labor Law. Every legal protection available to a documented worker — Labor Law §240, §241(6), §200, workers' compensation — is equally available to you. Courts have confirmed this repeatedly. No employer or insurance company can take these rights from you.

What the Law Actually Says About Immigration Status

New York Labor Law contains no requirement that a worker be documented to receive its protections. The statutes apply to "employees" and "workers" without regard to immigration status. New York courts have consistently held that undocumented workers are entitled to pursue personal injury claims under the Labor Law. Federal courts have similarly confirmed that immigration status does not bar Labor Law claims.

The New York Court of Appeals — the highest court in New York State — has addressed this issue directly in multiple decisions. The rule is clear: Labor Law protections apply to all workers regardless of citizenship or documentation status.

The Most Common Lie You Will Be Told

After a construction accident involving an undocumented worker, employers and their insurance companies frequently tell the worker some version of one of these things:

• "You cannot sue — you were not supposed to be working here."
• "If you file a claim, we will report you to immigration."
• "You only get workers' comp — and only for American workers."
• "Sign this and we will take care of you — don't get lawyers involved."

Every one of these statements is false, misleading, or both. The threat to report you to immigration in connection with a labor dispute or workers' compensation claim is itself potentially illegal under New York law. Do not let fear of false threats prevent you from asserting rights that the law explicitly gives you.

Your Workers' Comp Rights as an Undocumented Worker

Workers' compensation in New York covers all employees regardless of immigration status, regardless of how they were hired, and regardless of whether they used fraudulent documents to obtain employment. The New York Workers' Compensation Law explicitly extends benefits to undocumented workers.

Workers' compensation provides weekly wage replacement benefits (typically two-thirds of your average weekly wage) and medical coverage for your injuries. These benefits come from your employer's workers' comp insurance, not from any government fund, and claiming them does not trigger any immigration enforcement.

Your Labor Law §240 Rights — Absolute and Unconditional

Labor Law §240 — the Scaffold Law — imposes absolute liability on property owners and general contractors when a construction worker falls from height or is struck by a falling object. This absolute liability applies with equal force regardless of the worker's documentation status.

The §240 lawsuit is against the property owner and general contractor — not your direct employer. This distinction matters enormously. Your employer cannot retaliate against your §240 claim because the claim is not against them. The owner and GC are the defendants, and they typically have significant commercial insurance that covers these claims.

Lost Wages: A Special Consideration for Undocumented Workers

In personal injury and Labor Law cases, one significant component of damages is lost wages and lost earning capacity. Undocumented workers are entitled to recover lost wages — but the calculation can be complex in cases where the worker was paid in cash or worked for less than market wages due to their status.

New York courts have addressed this. The general approach is to calculate damages based on what the worker was actually earning, or in some cases, what they could earn in their field. An expert economist retained by your attorney develops the lost wage analysis using documented earnings, tax records where available, and labor market data. This calculation is fully available to undocumented workers.

Confidentiality and Your Privacy

Attorney-client privilege protects everything you tell your lawyer. Your immigration status, your work history, and everything about your case is completely confidential. We have never disclosed a client's immigration status to anyone and we never will. Your employer, the property owner, the insurance company, and any opposing counsel are not entitled to information about your documentation status in connection with a personal injury or Labor Law case.

The courts have been clear that immigration status is generally irrelevant and inadmissible in personal injury and Labor Law cases. An attorney who attempts to use your status to intimidate you or undermine your case faces sanctions.