If you were injured on the job and are an undocumented worker, you may fear that you have no rights to seek reimbursement for your injuries. But New York law does award a range of protections to undocumented workers. In many cases, you have the same rights as a documented worker.
Seeking guidance from a New York construction accident lawyer is often helpful for upholding your rights after an accident. You can also begin by reviewing our guide below.
Understanding the Rights of Undocumented Construction Workers in New York
Undocumented workers make up a large portion of the construction workforce in New York and play a valuable role in this industry. More than 3 million immigrant construction workers live across the U.S., but over half of them reside in California, Florida, Texas, or New York, according to the National Association of Home Builders.
The same report found that immigrants make up 37% of New York’s construction workforce. A report from the Center for Migration Studies estimated that more than 470,000 undocumented workers reside across New York State in total.
Undocumented workers are often not W-2 employees and may assume that they do not have the same protections as a documented worker. However, New York state and local laws provide immigrant workers with several rights, including:
- The right to minimum wage and overtime pay
- The right to receive previously agreed-upon wages
- The right to family and medical leave
- The right to a workplace free from discrimination and harassment
- The right to protection from retaliation
- The right to workers’ compensation insurance
After an on-the-job injury, an undocumented worker should have the same rights to seek workers’ compensation benefits as a documented worker.
Workers’ Compensation for Undocumented Workers
The majority of New York businesses are required to offer workers’ compensation benefits to their workers, including those who are undocumented. This benefit provides injured workers with reimbursement for medical bills and a portion of their lost wages if they miss work for more than seven days due to the injury.
You do not need a Social Security number or work authorization to file a workers’ compensation claim. You also do not need a W-2 or official documentation of your wages; you are still entitled to benefits even if your employer did not officially report your wages.
The workers’ compensation board also does not require applicants to disclose their immigration status or share information with immigration authorities. If an employer were to threaten deportation after you file a claim, this could be considered retaliation, which is unlawful.
Workers’ compensation is a no-fault system, meaning you can qualify regardless of who was at fault for your accident. Any injuries that happen while a worker is performing their job duties generally qualify for workers’ compensation.
You can apply for workers’ compensation by reporting your injury to your employer and filling out Form C-3. Submit it to the Workers’ Compensation Board online or via mail. A construction accident lawyer in New York can also assist you with this process.
Suing for Construction Injuries Without Legal Status
Undocumented construction workers generally have the right to claim workers’ compensation in New York, but what about suing for injuries? These workers are entitled to the same legal protections as documented employees, which may include pursuing legal action in some cases.
New York law generally bars workers from holding their employers liable for injuries that happen on the job. Instead, workers are encouraged to file for workers’ compensation.
But if a third party is liable for your injuries, such as a general contractor, property owner, or equipment manufacturer, you may have the right to file a personal injury lawsuit against them for damages. In some cases, it makes sense to first file for workers’ compensation, then pursue a lawsuit for additional damages, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
A New York construction accident lawyer can help you understand your legal options after a workplace accident and guide you through the compensation process.
Upholding Safety Protections for Undocumented Workers
Undocumented workers may sometimes be subject to unsafe work conditions, but these employees are still covered by the same OSHA regulations and New York State Labor Laws as documented workers. Employers are required to maintain a safe workplace for all workers, regardless of immigration status.
If your worksite is in violation of OSHA regulations, you have the right to report the violation without fear of retaliation. A construction accident lawyer in Mineola can help you gather evidence and file a report with OSHA while upholding your legal rights.
Speak With Our Construction Accident Lawyers on Long Island Today
Understanding New York’s construction accident laws is important to protecting your rights. If you experienced an injury on the job, you may have the right to seek workers’ compensation or pursue a personal injury lawsuit, even if you are not documented.
Cassisi & Cassisi, P.C., represents injured construction workers across Nassau County. Request a confidential consultation with our New York construction accident lawyers today by calling 516-294-5050.
Frequently Asked Questions
Can your employer fire you after filing a workers’ compensation claim as an undocumented worker?
Your employer generally cannot take any negative action in retaliation for you filing a workers’ compensation claim. This is unlawful under state and federal employment laws. If you believe your employer has retaliated against you, our attorneys can help you understand your options.
What is the statute of limitations for filing a construction injury lawsuit?
The statute of limitations for construction injury lawsuits is generally three years from the accident date in New York. Missing this deadline could cause your case to be dismissed by the court.
What should an undocumented worker do after a workplace injury?
After a workplace injury, an undocumented worker should take the same steps a documented worker would: report the injury to their employer, gather evidence, and consult a New York construction accident lawyer to better understand their legal rights and options.
