Can Undocumented Workers Sue After a Construction Accident?
It is the question injured workers are often too afraid to ask out loud: “Can I even bring a claim if I’m undocumented?” In New York, the answer is clear — yes. Immigration status does not bar a construction accident claim, and New York courts have said so repeatedly.
What the Law Says
New York’s Labor Law protects every worker on the site — union or non-union, documented or undocumented. You can bring a Labor Law 240 or 241(6) lawsuit against the owner and general contractor, and you can recover damages including lost wages. Workers’ compensation likewise covers undocumented workers.
What Employers and Insurers May Try
- Suggesting a claim will “cause immigration problems” — a scare tactic
- Paying cash off the books and denying you worked there
- Pressuring you not to report the accident
- Blaming you to protect the contractor
Fear is the insurance company’s cheapest defense. Knowledge is how workers beat it.
How We Protect Our Clients
NYC Construction Accident Lawyers, P.C. handles these cases with total discretion. Consultations are free and confidential, in English and Spanish, and immigration status is never a reason to stay silent about a serious injury. Payroll records, coworker statements, and site logs prove employment even when the boss “forgets” you were there.
If you or someone in your family was hurt on a job site, call (929) 650-9554 any hour. You are protected — let us show you how.
