Your Rights as an Undocumented Construction Worker in New York

If you are an undocumented construction worker in New York, your rights to compensation after a job-site injury are real, protected by law, and have nothing to do with your immigration status. Whether you were hurt in a fall, struck by a falling object, or injured because of a safety violation, undocumented construction worker rights in New York are enforced under some of the strongest labor laws in the country — laws that apply to every worker on every job site, period.

You may be afraid. Afraid of deportation. Afraid of losing your job. Afraid that speaking up after a construction injury, regardless of immigration status, will make your life worse, not better. Those fears are completely understandable. But they should not stop you from getting the medical care, the compensation, and the justice you deserve.

This article explains your rights in plain language. No legal jargon. No confusion. Just the facts you need to make an informed decision about your construction accident claim as an undocumented worker in New York. Knowing your rights is the first step to protecting them.

At Gorayeb & Associates, our team is bilingual and has been fighting for immigrant construction workers in New York for over 40 years. Your consultation is free, completely confidential, and will never put your immigration status or construction accident NYC situation at risk.

Do Undocumented Construction Workers Have Legal Rights in New York?

Yes — without question. New York State law protects all workers, regardless of where they were born, how they entered the country, or what their documentation looks like. This is not immigration law. This is a workers’ rights law. And it applies to every person who works in New York.

New York Workers’ Compensation Law, Article 2, Section 17 explicitly provides that workers’ compensation benefits are available to all employees, with no exception for immigration status. Federal law reinforces this. The U.S. Department of Labor enforces workplace safety and wage rights for workers regardless of documentation.

Your employer cannot use your immigration status as a weapon against you. They cannot threaten you, silence you, or deny you benefits because of where you are from or how you got here. Doing so is illegal.

The New York State Attorney General’s Office actively enforces immigrant worker rights. You are protected under the law.

Can Undocumented Workers Get Workers’ Compensation in New York?

Yes. Workers’ compensation in New York covers all employees, regardless of immigration status. Under the New York Workers’ Compensation Law, Article 2, Section 17, your legal status does not change your eligibility.

Workers’ compensation is a no-fault system. You do not need to prove that your employer did anything wrong. If you were injured on the job, you may be entitled to:

• Medical benefits — surgery, hospital stays, physical therapy, and ongoing treatment
• Lost wage benefits — payments if your injury prevents you from working
• Disability benefits — if your injury causes a permanent impairment
• Death benefits — financial support for your family if a loved one is killed on the job

How to File a Workers’ Compensation Claim Without Fear

Filing a workers’ compensation claim as an undocumented worker in NY does not require you to provide immigration documents. The New York State Workers’ Compensation Board does not report workers to immigration authorities. Your claim is a workplace matter, not an immigration matter.

A workers’ compensation attorney handles the process on your behalf. You do not have to face it alone. Consider contacting New York Workers’ Compensation Lawyers for guidance through the process.

Can Undocumented Workers File a Personal Injury Lawsuit in New York?

Yes. If you were injured on a construction site because of someone else’s negligence or a safety violation, you have the right to file a personal injury lawsuit in New York civil court, regardless of your immigration status.

Workers’ compensation is only the beginning. A personal injury lawsuit can recover far more, including compensation for pain and suffering, full lost wages, and long-term disability costs. For construction workers, New York’s Labor Laws give you especially strong protections.

Labor Law 240 — The Scaffold Law

New York Labor Law Section 240 (known as the Scaffold Law) protects construction workers from gravity-related injuries — falls from ladders, scaffolds, and rooftops, and injuries caused by falling tools or debris. This law applies to all construction workers at the site, regardless of immigration status.

Labor Law 241(6) — Industrial Code Violations

Labor Law 241(6) requires employers and building owners to maintain safe job sites under the New York Industrial Code. If your employer violated a specific safety rule and you were hurt as a result, you can sue — even without proving general negligence.

Together, these laws create what is called “absolute liability.” If the employer failed to follow the law, they are responsible for your injuries. You don’t need to prove it was their fault — the law does that for you.

Your Lawyer Files the Case — Not You

Your attorney files and manages the lawsuit on your behalf. Your lawyer protects your privacy and guides every step of the process. You focus on recovering. We handle the legal fight.

How New York Labor Law Protects All Construction Workers

New York has some of the strongest construction worker protection laws in the country. These laws were written to protect workers — all workers — from dangerous conditions on job sites. Labor Law 240 covers gravity injuries: falls from heights and injuries from falling objects. If you fell from a scaffold, ladder, or roof — or if something fell and struck you — this law likely applies to your case. Related resources:

• New York Scaffolding Accident Lawyers
• New York Ladder Accident Lawyers
• New York Falling Object Accident Lawyers
• New York Roofing Accident Lawyers
• Most Common Risks for Construction Workers in New York City
• Most Dangerous Construction Jobs in NYC

Labor Law 241(6) covers a wide range of job site safety violations — missing guardrails, slippery floors, improper equipment, and inadequate lighting. If your employer broke a specific safety rule and you got hurt, you have a claim.

These protections apply to every construction worker at the site, regardless of immigration status. There is no exception. There is no carve-out. Your employer cannot argue that these laws don’t apply to you because of where you are from.

Can Your Employer Retaliate Against You for Filing a Claim?

No. Employer retaliation against workers who file injury claims is illegal in New York.

It is illegal for your employer to:

• Fire you or threaten to fire you for reporting an injury
• Cut your hours or change your schedule as punishment
• Threaten to report you to immigration authorities
• Withhold your pay to pressure you into silence
• Create a hostile work environment after you file a claim

What to Do If Retaliation Happens

If your employer retaliates against you, they are breaking the law and may face serious legal consequences. Document everything immediately — save text messages, write down dates and exact words, and get witness names if possible. Then contact a lawyer right away.

OSHA’s Whistleblower Protection Program also prohibits employers from punishing workers who report safety violations or injuries. These federal protections apply regardless of immigration status.

Will Calling a Lawyer Get Me Reported to Immigration?

No. This is the number one fear we hear — and we want to address it directly.

Calling Gorayeb & Associates will NOT trigger immigration enforcement, alert ICE, or notify any government agency.

When you contact our office, everything you share is protected by attorney-client privilege. That means:

• Your conversation with us is 100% confidential
• We cannot share what you tell us with any third party
• No government agency — including ICE — is notified when you call
• We do not ask for your immigration documents
• Your immigration status does not affect whether we take your case

Our firm has been serving the New York immigrant community for over 40 years. We understand the fears you are facing. Your privacy is our priority.

Hablamos español. You can speak with us in your language, and everything you share stays within our walls.

What to Do If You Are Injured on a New York Construction Site

The steps you take right after an injury can make a significant difference in your case.

Step 1: Seek immediate medical care. Your health comes first. Go to an emergency room or urgent care center as soon as possible, even if you are unsure of the injury’s severity. Medical records are also important evidence.

Step 2: Report the injury to your employer or supervisor. Do this in writing when you can. A text message or email creates a record that is hard to dispute later.

Step 3: Document everything. Take photos of the accident scene, your injuries, and any unsafe conditions. Write down what happened while it is fresh. Get the names and contact information of coworkers who witnessed the accident.

Step 4: Call Gorayeb & Associates before speaking to any insurance company. Insurance adjusters work for the employer, not for you. Do not give a recorded statement. Do not sign anything without speaking to a lawyer first.

Do not accept the first settlement offer. Early offers are almost always far below what you are actually owed.

More guidance: What to Do After a Construction Accident in NYC | How to Start Your Construction Accident Case

Why Undocumented Construction Workers Trust Gorayeb & Associates

Gorayeb & Associates has been fighting for injured construction workers in New York for more than 40 years. A significant part of that work has been serving the immigrant community — workers who built this city and who deserve to be protected by it. See our New York construction accident statistics to understand the scope of these injuries.

Christopher J. Gorayeb is a fluent Spanish speaker. Our entire team is bilingual. Hablamos español and we mean it. From your first call to the resolution of your case, you will always have someone who speaks your language.

Our Track Record

• Over $2 billion recovered for injured construction workers
• More than 10,000 workers helped
• 40+ years fighting for immigrant and working-class New Yorkers
• Bilingual staff throughout the firm
• Our fee comes out of the money we recover for you, not out of your pocket — you pay nothing unless we win

We also give back to the communities we serve through the Gorayeb Community Center, which provides resources and support to immigrant workers and their families across New York.

Your confidentiality is our priority. We understand the unique fears that workers without documentation carry. We are here to protect you — not just legally, but as human beings.

Frequently Asked Questions

Can my employer report me to ICE if I file a workers’ compensation claim?

No. Threatening to report a worker to immigration for filing a workers’ comp claim is a form of illegal retaliation under New York law. If your employer makes this threat, document it and contact a lawyer immediately.

Do I have to be a U.S. citizen to receive workers’ compensation?

No. New York Workers’ Compensation Law, Article 2, Section 17 explicitly covers all employees regardless of immigration status. Citizenship or legal residency is not a requirement.

What if my employer threatened to call immigration because I got hurt?

That threat is illegal. Do not let it stop you from seeking help. Call a lawyer right away, and write down exactly what was said, who said it, and when. Your employer can be held legally accountable for that threat.

Can I sue my employer even if I don’t have documentation?

Yes. New York Labor Laws 240 and 241(6) apply to all construction workers at a job site, period. Your immigration status does not limit your right to pursue a lawsuit for your injuries.

What if someone finds out about my immigration status during the case?

Attorney-client privilege protects everything you share with your lawyer. Your attorney cannot disclose your status to anyone. Courts in New York have increasingly limited the use of immigration status in personal injury cases — it is largely irrelevant to whether you were injured and who is responsible.

How much can I recover in a construction accident case?

Every case is different. Compensation can include medical bills, lost wages, future lost earnings, pain and suffering, and more. In Labor Law 240 and 241(6) cases, recoveries can be substantial. The best way to understand what your case may be worth is to request a free, confidential consultation.

Your Undocumented Construction Worker Rights in New York Are Real — Let Us Fight for You

If you are a worker without documentation who has been injured on a New York construction site, you have legal rights under state and federal law. Those rights do not depend on how you got here, what documents you carry, or what your employer has threatened to do.

New York Labor Law, workers’ compensation law, and federal workplace protections all apply to you. And at Gorayeb & Associates, we have spent more than four decades making sure workers like you get the justice and the compensation they deserve.

Hablamos español. Our consultations are free, completely confidential, and will never put you at risk. Our fee comes out of the money we recover for you, not out of your pocket. You pay nothing unless we win.

Whether you were hurt in a fall, struck by a falling object, injured on a scaffold, or harmed by any other dangerous condition, our team is ready to help. If you have questions about undocumented construction worker rights in New York construction cases, reach out to us today.

You have rights. You have options. You have Gorayeb. Hablamos español — your consultation is free and 100% confidential.