New York City’s construction industry depends on immigrant labor. Undocumented workers make up a large percentage of the workforce, often taking on the most dangerous tasks at building sites. With cranes, scaffolds, power tools, and heavy machinery surrounding them every day, the risk of serious injury is high.
Undocumented workers have the same rights as other employees when it comes to seeking compensation for injuries. Your immigration status does not prevent you from holding negligent parties accountable.
The New York City construction accident lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have been representing injured construction workers for decades, including undocumented immigrants. Our attorneys fight to ensure that every injured worker is treated fairly, so you can seek the compensation you deserve.
Workers’ Compensation Rights for Undocumented Workers
If you are injured while working on a construction site in New York, you are probably eligible for workers’ compensation, regardless of your immigration status.
Workers’ compensation provides:
- Coverage of medical expenses related to your injury
- Partial wage replacement while you are unable to work
- Benefits for temporary or permanent disability
Employers and their insurance companies cannot legally deny these benefits because you are undocumented. New York courts have repeatedly affirmed that immigrant worker rights extend to the workers’ compensation system.
Filing a Third-Party Personal Injury Lawsuit
A third-party lawsuit is a type of personal injury claim filed by an injured construction worker against someone other than their employer. These lawsuits are separate from workers’ compensation claims, and they are often filed when another person or company’s negligence contributed to the worker’s injury on a job site.
How These Lawsuits Work
In most cases, construction workers can’t sue their employers directly due to workers’ compensation laws. But if a third party was negligent, the injured worker may be entitled to file a lawsuit seeking financial recovery.
Third parties who may be liable include:
- General contractors who fail to maintain a safe worksite
- Property owners who knew about hazards and failed to fix them
- Subcontractors who caused dangerous conditions
- Equipment manufacturers if defective machinery caused the injury
- Vendors or delivery drivers operating unsafely on the job site
Available damages in a third-party lawsuit can include:
- Medical bills
- Lost income and reduced earning capacity
- Pain and suffering
- Long-term disability or disfigurement
- Loss of quality of life
Protections Against Employer Retaliation
One of the biggest fears undocumented workers have is retaliation from their employer. You may be concerned that reporting a construction accident will lead to termination or even deportation.
It is illegal for employers to retaliate against workers for filing workers’ compensation claims or asserting their legal rights. If your employer threatens you, retaliates, or tries to intimidate you, contact an attorney right away.
Injuries Caused by Construction Accidents
Construction injuries are often severe. Our firm has handled cases involving:
- Traumatic brain injuries (TBI): Often caused by falls, falling objects, or heavy equipment accidents.
- Spinal cord injuries: Leading to paralysis, chronic pain, or the need for lifelong assistance.
- Amputations: Machinery accidents or crush injuries that result in the loss of limbs or digits.
- Severe burns: Frequently caused by electrical accidents or chemical exposure.
- Multiple fractures and orthopedic trauma: Often requiring repeated surgeries and extended recovery.
- Internal injuries: Including organ damage due to falls from height or heavy object impacts.
Types of Construction Accidents That Cause Serious Injuries
Falls From Heights
Falls from scaffolding, ladders, rooftops, or unguarded edges are one of the leading causes of severe injuries on New York City construction sites.
Falling Objects
Tools, materials, or debris falling from above can strike workers, especially when proper barriers or netting are missing.
Machinery and Equipment Accidents
Improperly maintained or defective machinery can lead to crush injuries, amputations, or even fatalities. Examples include:
- Forklift rollovers
- Power tool malfunctions
- Caught-in/between equipment accidents
Scaffold Collapses
When scaffolding is erected improperly or not routinely inspected, it can collapse under weight or weather pressure.
Electrocution
Contact with exposed wiring or defective electrical systems can cause severe burns and cardiac injuries. These are often linked to:
- Unmarked live wires
- Incomplete lockout/tagout procedures
- Faulty equipment
Trench or Structural Collapses
Improperly supported trenches or partially built structures can collapse and bury workers.
Vehicle Accidents on Site
Dump trucks, backhoes, and delivery vehicles can cause devastating collisions or run-over accidents.
Chemical or Toxic Exposure
Long-term exposure to harmful substances like asbestos or lead can cause:
- Severe respiratory conditions
- Skin damage
- Neurological problems
Reasons to Hire WRSMH for your Undocumented Worker Construction Accident Case
Here’s what you get when you sign on with Wingate, Russotti, Shapiro, Moses & Halperin, LLP to handle your case:
- We prepare every case for trial: Insurance companies know which firms are willing to go to court. We don’t settle for less than full value.
- We have a track record of success: With over $2 billion recovered for clients, our results speak for themselves.
- We fight for immigrant workers: We’ve helped undocumented clients secure compensation despite intimidation and fear tactics.
Steps to Take After a Construction Site Injury
If you are an undocumented worker who is injured on a construction site, here’s what you should do:
- Get medical care – Your health comes first. Make sure your injuries are documented.
- Report the accident – Notify your employer or supervisor.
- Document the scene – Take photos of the equipment, location, and conditions.
- Gather witness information – Coworkers can provide critical testimony.
- Contact an attorney immediately – Don’t let fear of immigration status prevent you from protecting your rights.
Speak With a Trusted Construction Accident Lawyer in NYC
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we believe that every worker deserves to be safe on the job, and you should be fully compensated if an accident occurs. Our attorneys have represented workers from all walks of life, and we never let anyone’s immigration status stand in the way of the fight for justice.
Call (212) 986-7353 to schedule a free consultation today.