We Protect the Rights of Undocumented Workers on Construction Sites
You are not a United States citizen or permanent resident, but you’ve been hurt working on a New York or New Jersey construction site. You may be unsure of what to do next. You don’t want to risk deportation, but you deserve medical care and compensation for your work-related injuries, regardless of your immigration status. Our New York and New Jersey construction accident lawyers at Hofmann & Schweitzer are here to help protect your rights and help you secure the compensation you deserve.
Understanding Your Rights
It's essential to know that as an undocumented worker in the United States, you have many of the same fundamental rights as documented workers under New York Labor Laws when it comes to workplace safety and injury compensation. These rights include:
Safe Working Conditions
All employers in the construction industry are required under New York Code 12 CRR-NY 23-1.5 to provide a reasonably safe working environment. This includes:
- Providing proper safety equipment
- Offering adequate training on safety procedures
- Maintaining equipment and tools in safe working condition
- Addressing known hazards promptly
If your employer fails to meet these obligations and you're injured, you may have grounds for a legal claim.
Reporting Unsafe Conditions
You have the right to report unsafe working conditions to your employer or the Occupational Safety and Health Administration (OSHA) without fear of retaliation. This means your employer cannot legally fire you, reduce your hours, or take other adverse actions against you for raising safety concerns.
Seeking Medical Treatment
If you're injured on the job, you have the right to seek medical treatment. Don't let fear prevent you from getting the care you need. Hospitals and doctors are focused on treating patients, not enforcing immigration laws. Your health and well-being should be your top priority.
Pursuing Compensation
You have options for seeking compensation after a work-related injury, including:
- Workers' compensation claims. Undocumented workers are eligible for workers' compensation benefits. These benefits can cover medical expenses and a portion of lost wages while you recover. Filing for workers' comp is generally considered a "no-fault" system, meaning you don't have to prove your employer was negligent to receive benefits.
- Personal injury lawsuits. In some cases, you may have grounds for a personal injury lawsuit. This could be against your employer if they were grossly negligent or against a third party (like equipment manufacturers or subcontractors) if their actions contributed to your injury. These lawsuits can potentially provide compensation for medical bills, lost wages, pain and suffering, and more.
Common Concerns for Undocumented Workers
We understand that you may have specific worries about pursuing your rights. Let's address some common concerns:
Will I be deported if I file a claim?
The law prohibits using your immigration status against you in workers' compensation or personal injury cases. While we can't guarantee there's no risk, it's rare for immigration authorities to become involved in these situations. Courts have consistently ruled that immigration status is irrelevant to workplace injury claims.
In January 2024, the New York Workers Compensation Board issued a press release that said in part, “…Through an interagency partnership with the U.S. Department of Homeland Security (DHS), the Board will now work with noncitizen workers (including undocumented workers) and their advocates to gain temporary protection from prosecution and potential deportation, as well as the ability to work legally in the U.S., if the worker is party to a workers' compensation claim. This action will protect noncitizen workers from unscrupulous employers who threaten them with removal or other forms of retaliation for cooperating with a Board investigation or exercising their right to file a workers' compensation claim for a work-related injury or illness.
‘The Board is committed to protecting all workers in New York State, including low-wage and immigrant workers who are among the most at-risk of being victimized by employer violations of the Workers' Compensation Law,’ said Board Chair Clarissa Rodriguez. ‘In meeting that commitment, we must guard against the use of immigration status as a tool for retaliation against workers asserting their legal rights.’
Can my employer fire me for filing a claim?
It's illegal for employers to retaliate against workers – documented or undocumented – for filing injury claims. If this happens, you may have additional legal options.
What if I was paid in cash or off the books?
You still have rights even if you were paid in cash or without proper documentation. An experienced attorney can help gather evidence of your employment and wages.
How an Attorney Can Help
The legal system can be complicated, and understanding what to do after a construction site accident can be confusing. An experienced construction accident attorney can:
- Explain your rights and options in detail
- Help gather evidence to support your claim
- Handle all communication with insurance companies and opposing lawyers
- Ensure your immigration status is not used against you unfairly
- Negotiate for the maximum compensation you deserve
- Represent you in court if necessary
Taking the Next Step
If you've been injured on a construction site, don't let fear prevent you from seeking the compensation you deserve. You should focus on recovery, not worrying about medical bills or lost wages.
At Hofmann & Schweitzer, we are here to protect your rights and fight for the compensation you need to recover and move forward with your life. Read our case results and testimonials to learn how we have achieved successful settlements for our injured clients.
