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Can Undocumented Workers File Construction Injury Claims?

Home Blog
Undocumented Construction Workers Injury

The construction industry is built on the labor of immigrants. From towering skyscrapers to city streets, their work is everywhere. But when an accident happens, many fear that seeking justice will put them at risk. You may wonder, Are there construction accident rights for immigrants? The answer is yes. Your immigration status does not strip away your legal rights. State and federal laws in New York protect immigrant construction workers from workplace hazards. 

At Greenspan & Greenspan Injury Lawyers P.C., we fight for injured workers, ensuring they receive the compensation they deserve. With over 30 years of experience and a proven track record, we help clients focus on healing while we handle the legal battle. Don’t let fear hold you back—contact us today for a free case review.

Understanding Construction Accident Rights for Immigrants

Many undocumented workers believe they do not have legal recourse after a workplace injury. Fortunately, this idea is untrue. Under New York labor laws and federal protections, you have the following rights:

  • The right to a safe workplace. Employers must follow Occupational Safety and Health Administration (OSHA) safety regulations, regardless of workers’ immigration status.
  • The right to file a personal injury lawsuit. If a third party, such as a contractor, equipment manufacturer, or property owner, contributed to your accident, you can seek compensation.
  • The right to recover damages. Compensation may cover medical bills, lost wages, and pain and suffering.

Your immigration status cannot be used against you in a lawsuit. New York courts do not allow employers or insurance companies to deny claims based on legal residency. Contact us to learn how we can work to uphold your rights and fight for the compensation you deserve.

What Legal Options Do Undocumented Workers Have?

Undocumented construction workers who have suffered a construction-related injury have several legal options:

  • Third-party negligence claims. If a general contractor, property owner, or other entity failed to provide a safe work environment, you may file a personal injury lawsuit.
  • Product liability claims. Manufacturers can be liable and owe you compensation for injuries caused by defective equipment or machinery.
  • Premises liability lawsuits. Property owners may be held accountable for unsafe worksite conditions that cause an accident.

In New York, undocumented workers can file workers’ compensation claims, but some employers may try to deny benefits. At Greenspan & Greenspan, we focus on negligence-related injury cases, helping workers recover damages beyond workers’ compensation. Our experienced attorneys can review your situation and explain your best legal options.

What Common Construction Accidents Do Immigrant Workers Face?

Construction sites are full of hazards. Immigrant workers often face unsafe conditions that lead to serious injuries, including:

  • Falls from heights. Scaffolding collapses, ladder failures, and roof falls are among the most common and deadly accidents.
  • Falling objects. Improperly secured tools or building materials can strike workers below.
  • Electrocution. Faulty wiring, power line contact, and exposed electrical components pose serious risks.
  • Heavy machinery accidents. Forklifts, cranes, and other equipment can cause severe or fatal injuries.
  • Trench collapses. Unsafe excavation practices put workers at risk of being buried under soil and debris.

Each of these accidents could result from third-party negligence, making a personal injury lawsuit possible. Our firm has a history of holding negligent parties accountable and securing significant settlements for injured workers; let us walk you through your options.

How Do I File an Undocumented Worker Injury Lawsuit?

Filing an undocumented worker injury lawsuit can feel overwhelming, but the right legal team can guide you through the process. If you’ve suffered a construction site injury, here are the following steps you should take:

  • Seek medical attention. Your health comes first. Document all injuries and follow your doctor’s advice.
  • Report the accident. Notify your employer or site supervisor immediately.
  • Gather evidence. Take photos of the accident scene, equipment, and any hazards. Get contact information for witnesses.
  • Keep expense records. Save medical bills, pay stubs, and any costs related to your injury. These documents strengthen your claim and help you seek full compensation.
  • Consult an attorney. A construction accident lawyer can evaluate your case, protect your rights, and help you file a claim.

At Greenspan & Greenspan, we handle every aspect of your case, from collecting evidence to negotiating settlements to going to court. You focus on your recovery; we handle the rest.

What Compensation Can Immigrant Construction Workers Recover?

If your lawsuit is successful, you may recover compensation for:

  • Medical expenses—hospital bills, surgeries, rehabilitation, and prescription costs;
  • Lost wages—compensation for time off work and reduced future earning capacity; and
  • Pain and suffering—physical pain, emotional distress, and diminished quality of life.

In some cases, courts also award punitive damages when negligence is extreme.

Don’t Let Fear Stop You—Your Rights Matter

Many undocumented construction workers hesitate to file injury claims because they fear deportation or employer retaliation. However, New York law includes construction accident rights for immigrants, and attorneys can take legal action against any employer who threatens or intimidates you. We stand by immigrant workers, fighting to uphold their rights.

Greenspan & Greenspan Injury Lawyers P.C. Will Fight for You

Being an undocumented worker does not mean you have to suffer in silence. If negligence caused your injury, you have the right to fight for compensation. With over 30 years of experience fighting for injured workers, Greenspan & Greenspan has secured more than $15 million in settlements for clients like you. Our firm operates on a no-recovery, no-fee basis, which means you don’t pay unless we win. 

Available 24/7, we prioritize a client-first approach, ensuring every individual receives the respect, attention, and dedication they deserve. When you choose us, you’re not just hiring a law firm—you’re gaining a relentless advocate committed to securing the compensation you need.

If you or a loved one suffered a construction accident, don’t wait. Legal deadlines can impact your ability to file a claim. Contact us today for a free case review.

Mike Greenspan

A dedicated attorney with bar admissions in New York, Florida, and the Supreme Court of the United States, has a deep-rooted commitment to his community. Since 1992, he has been a certified high school track and field official and an Executive Committee member of the Glenn D. Loucks Games. He serves on the Board of Directors of the JCC-Rockland and has devoted over a decade to coaching youth sports in Rockland County. Mike was recognized by the County of Rockland as well as the American Association for Justice for his distinguished service in providing free legal representation through the Trial Lawyers Care program for families of victims of the September 11th attacks. He represents clients across a wide range of legal practice areas.

Related Posts

Falls from Scaffolding in New York: Who Is Liable for Your Injuries? Falls from Scaffolding in New York: Who Is Liable for Your Injuries?
What to Do After a Ladder Fall on a Construction Site What to Do After a Ladder Fall on a Construction Site
rights of construction workers injured on the job What Are Your Rights After a Construction Accident in NY?
common construction site hazards Common Construction Site Hazards and How to Prove Negligence
The Role of OSHA Violations in Construction Accident Cases The Role of OSHA Violations in Construction Accident Cases
How to File a Lawsuit for a Fatal Construction Site Accident How to File a Lawsuit for a Fatal Construction Site Accident

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