Rights of Injured Undocumented Construction Workers in New York

The rights of injured undocumented construction workers in New York are protected by state law, regardless of immigration status. Workers' compensation covers medical bills and lost wages no matter your documentation. Labor Law 240 and 241 also let you sue property owners and contractors. Filing a claim does not trigger deportation. New York law protects you.

If you were hurt on a New York City construction site, you may be afraid that asking for help could get you deported. That fear is real, and it keeps thousands of injured workers silent every year. It is also exactly what some employers and insurers count on. But the law tells a different story. New York courts, the State Workers' Compensation Board, and federal safety agencies all agree on one thing. Your rights do not depend on a Social Security number or immigration paperwork.

This guide explains, in plain terms, the two main ways to get compensation. The first is workers' compensation. The second is a personal injury lawsuit under the Scaffold Law. It also covers the federal safety rules that protect every worker. And it walks through the exact steps to take after an accident, plus the deadlines you cannot afford to miss. The Orlow Firm has represented injured construction workers throughout Queens and New York City since 1982. That includes undocumented workers who have recovered seven-figure results.

Can Undocumented Workers File Workers' Compensation in New York?

Yes. New York's Workers' Compensation Law defines an "employee" broadly enough to include undocumented workers. The State has also confirmed in its own guidance that immigration status does not bar a claim. Workers' compensation is a no-fault system. Benefits are available no matter who caused the accident, and you do not have to prove your employer did anything wrong.

Workers' compensation benefits generally cover two things. The first is medical treatment for your injury. This means doctor visits, hospital care, surgery, physical therapy, and related costs. The second is wage replacement while you cannot work. This is usually about two-thirds of your average weekly wage, up to a state maximum. It also includes disability benefits for injuries that cause lasting harm.

Just as important, you do not need a Social Security number to file. The claim form, Form C-3, can be sent to the New York State Workers' Compensation Board without one. (NYS WCB — File a Claim)

The 2024 Workers' Compensation Board Partnership With DHS

One of the most important recent changes is also one of the least known. In 2024, the New York State Workers' Compensation Board announced a partnership with the U.S. Department of Homeland Security. It is designed to protect undocumented workers who come forward. Under this arrangement, the Board can send letters to DHS supporting requests for deferred action, parole, or work authorization. These letters go out on behalf of undocumented workers involved in a labor investigation or a compensation claim. (NYS WCB — Protecting Undocumented Workers)

In plain terms, the State is actively working to shield injured workers from the exact threat employers often use to keep them quiet. Governor Hochul's office has publicly backed New York's commitment to putting these federal measures in place. (Governor Hochul Announcement)

You should also know that retaliating against you for filing a claim is illegal under New York law. That includes firing you, cutting your hours, demoting you, or threatening to report you. With these protections in place, those threats carry far less weight than they once did.

The Scaffold Law and Labor Law 241: Why a Lawsuit Can Recover Far More

Workers' compensation is an important safety net, but it has a major limit. It pays for medical care and partial lost wages, but it does not pay for pain and suffering. For serious construction injuries, that gap can be huge. This is where a separate personal injury lawsuit comes in. It is also where New York law is especially strong for injured workers.

New York's Scaffold Law, Labor Law § 240, puts strict liability on property owners and general contractors when a worker is hurt in a gravity-related accident. That means a fall from height, or being struck by a falling object that was not properly secured. "Strict liability" means that if the safety violation caused your injury, the owner and contractor are responsible no matter who was at fault. The statute says "all contractors and owners and their agents" must provide proper scaffolding, hoists, ladders, and other safety devices. (NY Labor Law § 240)

Labor Law § 241(6) reaches more broadly. It covers a wide range of construction, excavation, and demolition safety violations beyond just falls. It requires that work areas be "constructed, shored, equipped, guarded, arranged, operated and conducted" to give "reasonable and adequate protection and safety to the persons employed therein." (NY Labor Law § 241)

Notice what these laws say, and what they do not say. They protect "all persons employed" on the site. There is no immigration exception. The same protections apply whether a worker is documented or not. The legislature did not write any carve-out for undocumented workers into the statute.

A third-party lawsuit is brought against the property owner, general contractor, a subcontractor, or an equipment maker. It can recover much more than workers' compensation alone, including:

• Full lost wages, both past and future earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Compensation for permanent disability

And here is what matters most. You can pursue both at the same time. Filing for workers' compensation does not stop you from also bringing a Labor Law 240/241 lawsuit against the responsible parties.

What New York Courts Have Said About Immigration Status

The strongest legal authority here comes from New York's highest court. In Balbuena v. IDR Realty LLC (6 N.Y.3d 338, 2006), the New York Court of Appeals heard the case of an undocumented worker from Mexico who fell at a construction site. The defendants argued that federal immigration law barred him from recovering lost wages. The court disagreed and allowed the claim. It held that immigration status alone does not strip a worker of the right to recover lost wages under New York law.

One careful note: Balbuena dealt with workers who did not submit false documents to get the job. New York courts generally will not let an owner or contractor use a worker's immigration status to escape liability. But the question of lost-wage damages can get more complicated when fraudulent documents were used. That is one of many reasons to speak with an attorney about the facts of your own case.

OSHA Protections Apply to Every Worker

Beyond New York's state laws, federal workplace safety rules protect you too. The Occupational Safety and Health Act's General Duty Clause requires employers to provide a workplace free from known hazards. It applies to all workers in the United States, with no documentation required. (OSHA — Worker Rights and Protections)

On construction sites, OSHA's protections include fall protection like guardrails, safety nets, and personal fall-arrest systems. They also cover scaffolding safety standards, hazard warnings for dangerous chemicals, and required gear like hard hats, gloves, and eye protection.

If your worksite is unsafe, you have the right to file a complaint, and you can do it confidentially. Under the OSH Act, if you ask OSHA to keep your identity private, OSHA must honor that request. Your employer will not learn who filed. OSHA does not ask about immigration status. Its focus is workplace safety, and many of its resources are available in Spanish. (OSHA — File a Complaint)

Steps to Take After a Construction Accident as an Undocumented Worker

What you do in the hours and days after an accident can shape both your recovery and your case. Here is the order that protects you best.

1. Get emergency medical attention. Your health comes first. Even injuries that seem minor at first can be serious. Internal bleeding, head trauma, and spinal damage may not show symptoms right away. Prompt medical care also creates the records that become key evidence later.

2. Report the injury to your employer within 30 days. New York Workers' Compensation Law requires you to tell your employer about a work injury within 30 days of the accident. Missing this window can hurt your claim. Report it both out loud and in writing, and keep a dated copy of your written notice.

3. Document everything you can. Photograph the conditions, the equipment involved, and your injuries. Get the names and contact information of any witnesses. Write down the time, the exact location, and what you were doing when you were hurt, while the details are fresh.

4. File Form C-3 with the Workers' Compensation Board within two years. This is the formal workers' compensation claim. Again, no Social Security number is required to file. The deadline is two years from the date of injury, but the sooner you file, the smoother the process tends to be.

5. Talk to a construction accident attorney as soon as possible. A personal injury lawsuit under Labor Law 240/241 carries a three-year statute of limitations, the deadline to file your lawsuit, from the date of injury. Evidence disappears and witnesses move away, so early investigation matters. An attorney can preserve evidence, protect your benefits, and pursue the property owner and contractor for you, without putting you at risk.

6. Do not accept a settlement without legal advice. Insurers sometimes approach injured undocumented workers with fast, low offers. They are betting the worker is too afraid to go to court. These offers are usually far below what a case is really worth. Have a lawyer review any offer before you sign anything.

To keep the most important deadlines in one place:

Common Challenges — and How Undocumented Construction Workers Overcome Them

Injured undocumented workers face real obstacles. Each one has an answer.

Fear of deportation. This is the biggest barrier, and the law has moved firmly to address it. The Workers' Compensation Board's 2024 partnership with DHS exists to protect claimants. State agencies handling these claims do not exist to share data with immigration enforcement. And New York City is a sanctuary city.

Employer intimidation. Threats and retaliation for filing a claim are illegal. Say an employer fires you, cuts your hours, or threatens to report you because you sought benefits. That retaliation can be reported to the Workers' Compensation Board and the New York Attorney General's office.

Language barriers. You do not have to handle this in a second language. The Orlow Firm offers service in Spanish — Se Habla Español. OSHA publishes resources in Spanish, and the Workers' Compensation Board provides multilingual support.

Not knowing who is responsible. You do not have to figure out liability, or legal responsibility, on your own. Under Labor Law 240/241, the property owner and general contractor are strictly liable for qualifying safety violations even when a subcontractor's crew did the actual work.

Worry about cost. Personal injury attorneys generally work on contingency. That means there is no upfront fee, and no legal fee at all unless you recover compensation.

Common Injuries in NYC Construction Accidents

Construction is among the most dangerous work in New York City, and the injuries can change a life. The most common include:

• Falls from scaffolding, ladders, and rooftops (squarely within Labor Law 240)
• Struck-by injuries from falling tools, debris, or equipment
• Caught-in or caught-between injuries involving machinery, trenches, or structural collapses
• Electrocution
• Exposure to hazardous materials such as asbestos, lead, and silica dust
• Forklift and crane accidents

Many of these accidents cause serious harm, such as spinal cord injuries, traumatic brain injuries, and amputations. The effects can permanently limit a worker's ability to earn a living. That long-term loss is exactly why a third-party lawsuit matters so much. It can pay for future lost earnings and pain and suffering, which workers' compensation cannot.

The Orlow Firm's Record With Undocumented Construction Workers

Undocumented workers do not just have these rights on paper. They win real cases. The Orlow Firm has recovered significant results for undocumented construction workers injured on New York job sites.

In one case, a worker who was electrocuted on a scaffold and fell, requiring back and knee surgeries, recovered $2,474,000. In another, a worker who fell off a scaffold and needed elbow and shoulder surgery recovered $2,100,000. And in a case involving a more moderate injury, an undocumented laborer who fell roughly six feet from a collapsed scaffold and required ankle surgery recovered $400,000. That last result is a reminder that meaningful compensation is available even when injuries are not catastrophic.

Prior results do not guarantee a similar outcome.

Frequently Asked Questions

Will filing a workers' compensation claim get me deported?

No. Filing a workers' compensation claim does not start deportation proceedings. The Workers' Compensation Board does not share claimant information with immigration enforcement. In fact, the Board's 2024 partnership with DHS is designed to support protections like deferred action for undocumented workers who come forward with a claim.

Can an undocumented worker sue a contractor in New York?

Yes. Labor Law 240 and 241 apply to "all persons employed" on a construction site, with no immigration exception. In Balbuena v. IDR Realty LLC, the New York Court of Appeals allowed an undocumented worker to recover lost wages. Immigration status alone does not bar a personal injury claim against an owner or contractor in New York.

Do I need a Social Security number to file a workers' comp claim?

No. You can file Form C-3 with the New York State Workers' Compensation Board without a Social Security number. Immigration status does not stop you from submitting a claim or receiving benefits. The form can be filed by any worker injured on the job in New York.

Can my employer fire me for filing a workers' compensation claim?

No. Retaliation for filing a workers' compensation claim is illegal under New York law. That includes firing, demotion, reduced hours, or threats. You can report retaliation to the Workers' Compensation Board and the New York Attorney General's office.

What damages can an undocumented worker recover after a construction accident?

Through workers' compensation, you can recover medical benefits and partial lost wages. Through a Labor Law 240/241 lawsuit, you may also recover full lost earnings, pain and suffering, loss of enjoyment of life, emotional distress, and compensation for permanent disability. Both claims can be pursued at the same time.

How long do I have to file a claim after a construction accident in New York?

You must report the injury to your employer within 30 days. You have two years from the date of injury to file a workers' compensation claim, and three years to file a personal injury lawsuit under Labor Law 240/241. Filing earlier is always better — evidence disappears quickly.

Sources & Official Resources

New York Laws Cited

1. NY Labor Law § 240 — Scaffold Law (Gravity-Related Accidents)
2. NY Labor Law § 241 — Construction, Excavation and Demolition Safety
3. NY Workers' Compensation Law § 18 — Notice of Injury (30-Day Rule)
4. NY Workers' Compensation Law § 28 — Statute of Limitations (2 Years)
5. CPLR § 214 — Statute of Limitations for Personal Injury (3 Years)

New York State Agency Resources 6. NYS Workers' Compensation Board — File a Claim (Form C-3) 7. NYS WCB — Protecting Undocumented Workers During Labor Investigations (Jan. 2024) 8. Governor Hochul — Federal Measures to Protect Undocumented Workers

Federal Resources 9. OSHA — Worker Rights and Protections 10. OSHA — How to File a Complaint

Contact The Orlow Firm

If you or a family member was injured on a New York construction site, you have rights. The immigration fears that keep so many workers silent are addressed directly by New York law and the Workers' Compensation Board's partnership with federal authorities. Speaking with an attorney about your situation is confidential, and it costs nothing.

The Orlow Firm has protected injured construction workers throughout Queens and New York City since 1982. We have offices in Queens, Manhattan, Brooklyn, and the Bronx, and we will travel to you if you cannot come to us.

Call (646) 647-3398 for a free, confidential consultation. We work on contingency. You pay nothing unless we win.

Se Habla Español.

This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.