Injured Day Laborer Claims in New York: Your Rights.
A "day laborer" is defined as a worker who performs several types of unskilled work for daily wages. Day laborers may be hired to help complete construction projects that are behind schedule or when the employer is trying to finish a project without hiring higher paid employees. Day laborers are typically paid low wages, often in cash. As these workers are not classified as employees, any injuries sustained on the job may not be covered by workers' compensation insurance, unless the day laborer was hired through a temp agency that covers them with worker's comp insurance.
Can an Injured Day Laborer Get Compensation for Injuries?
While a day laborer may not be classified as an employee, they are not immune to being injured on the job. After an injury, there are three general ways they can pursue compensation for injuries, illnesses, and conditions:
- Workers' comp insurance: If a temp agency provided the worker, the agency might have workers' compensation insurance. Benefits could be pursued through their insurance.
- Labor laws in New York: All laborers working in New York have rights under state and city labor laws. When an employer fails to ensure workers are protected by safety measures to reduce the risk of injury or illness, the laws may have been violated, and a day laborer may be owed compensation.
- Filing an injury lawsuit: If a day laborer has suffered severe health problems due to toxic exposure or was injured on the job, a lawsuit can be filed against the property owner, manager, a developer, or other party responsible for the job.
Many day laborers have concerns about the immigration authorities and are fearful about reporting an illness, injury, or condition. Your immigration status does not impact your coverage under the law. You have the right to be compensated for all damages, whether you have legal status in the USA or not.
What Are Your Rights?
An employer is responsible for your medical treatment, lost wages, vocational training, or for families who have lost a loved one, survivor benefits. These cases may be more complex than others, but with the assistance of an experienced NYC day laborer accident lawyer, can be resolved. Some employers violate the law by hiring day laborers and then delaying payment, or not paying them the wages due, or the wages are lower than allowed under the law.
You have the right to be paid on time at fair rates, and the right to be compensated for a job-related injury. It is, however, necessary to identify who is liable, and how to move forward to seek compensation – that's when the attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP could get involved. The first step is a free case consultation.
Types of Day Laborers in NYC
Day laborers are hired in high numbers in New York. These day laborers are frequently hired for the following types of jobs:
- Demolition jobs
- Painting
- Carpet installation
- Construction jobs of diverse types
- Repairs, maintenance
- Moving
- Cleanups
- Loading, unloading trucks
- General labor
Why Choose Our NYC Work Injury Attorneys?
In cases of day laborer injuries in New York City, you want the right lawyer fighting for you. At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we have won millions of dollars in injury cases. We are listed in the Best Lawyers directory, and rated AV-Preeminent by Martindale-Hubbell, the highest rating possible from the premier law firm rating service in the USA.
Injured while working as a day laborer? We urge you to contact our firm for a free case evaluation. Our New York City day laborer injury attorneys are highly-respected, dedicated, and among the leading injury law firms in NYC. We take our responsibilities to our clients very seriously and understand that the need for compensation is an urgent matter that deserves our full attention.
Contact us today at (212) 986-7353 to speak with us in a free case evaluation.
Our Workplace Accident Case Results
$5.95 Million - Union Bridge Painter Fell from Steel Support Beam
WRSMH attorneys successfully represented a union bridge painter who was injured when he fell from a steel beam bridge support.
Bryce Moses, Carmine Goncalves
$3.2 Million - Dock Worker Injured by Temporary Metal Staircase
Our client, a union dock worker, sustained multiple injuries while on the job.
Stephen Wagner
$3.1 Million - Paralyzed Laborer
Bryce Moses represented a 63 year old worker who was catastrophically injured when he fell from a ground level dumpster as he was loading construction debris.
Bryce Moses
$3.1 Million - Baggage Handler Injured by Airplane Striking Truck
Douglas Milch successfully represented a baggage handler who sustained injuries in a tarmac accident at the airport.
Douglas Milch
$3 Million - Injured Demolition Worker
A 44 year old demolition worker from Central America was injured when a brick wall that was being dismantled collapsed and fell on him.
Bryce Moses
$2.6 Million - Two Workers Injured in New York Elevator Accident
Two WRSMH clients obtained a large verdict after suffering injuries when they were in an elevator that crashed while at work.
Brielle Goldfaden
$2.3 Million - Painter Scaffolding Injury
A man fell from scaffolding while he was painting the canopy of an underground railway tunnel. He fell eight feet onto the train platform, injuring his shoulder, back and knee.
Bryce Moses
$2.2 Million - Scaffolding Fall Accident
Ken Halperin recently obtained a $2.2 million dollar settlement for a laborer who fell off a scaffold from a height of approximately 40 feet.
Kenneth Halperin
$1.95 Million - Worker Sustains Three Herniated Discs in Lower Back
Bill Hepner recently obtained a $1.95 million damages award at a binding arbitration on behalf of a client who was injured in a work-related accident.
William Hepner
$1.75 Million - Plumber's Apprentice Falls From Ladder
WRSMH attorney, Bryce Moses, recently obtained a $1,750,000 verdict for a thirty-nine year old non-union plumber who fell approximately six feet from a ladder while he was drilling holes in the ceiling for piping.
Bryce Moses
$1.4 Million - Elevator Mechanic Fell
Bryce had to try the case two times for our client. The first trial was interrupted by the 9/11 attacks and ended in a mistrial. Before jury selection began for the retrial, the case was settled for $1.4 Million.
Bryce Moses
$1.3 Million - Laborer Struck by Falling Pile Driver
WRSMH attorney Kenneth J. Halperin recently obtained a $1.3 million dollar settlement for a laborer who was struck by a falling pile that had just been driven into the ground.
Kenneth Halperin
$1.2 Million - Insulation Installer Suffered Severe Fall and Injuries
Our client was a laborer who suffered severe injuries when he fell through an opening in the attic floor while spraying insulation.
Frank Lombardo
$1.1 Million - Elevator Accident at Downtown Office Building - Spinal Injuries
A cleaner was injured in an elevator accident while at work in a Downtown Manhattan office building.
Brielle Goldfaden
$1 Million - Worker Injures Neck in Stair Fall Accident
Attorney Thomas Pardo successfully represented a client who sustained neck injuries after a stair fall accident at work.
Thomas Pardo
$975,000 - Broadsided by Another Cargo Vehicle on the Airport Tarmac
Kenneth Halperin recently obtained a $975,000 settlement for an airport worker who was involved in a vehicular accident on the airport tarmac.
Kenneth Halperin
$925,000 - Worker at Auto Dealer Falls
Our client was hurt on the job while when he fell from a ripped awning at an auto dealership.
William Hepner
$850,000 - Recovery After Mediation for Cable Company Employee
Cliff Shapiro obtained an $850,000 recovery for a cable company employee who was injured on the job when he fell from a ladder.
Clifford Shapiro
$575,000 - Electrician Fell Off Ladder
Kenneth J. Halperin recently obtained a $575,000 settlement for an electrician who was injured at a construction site.
Kenneth Halperin
$550,000 - Laborer Falls Out Of Cherry Picker
Kenneth J. Halperin recently obtained a $550,000 settlement for a laborer who was injured while painting a portion of an elevated subway track.
Kenneth Halperin