Construction Accidents Involving Undocumented Workers in New York

Are you an undocumented worker who was injured in a construction accident in New York City, NY? Regardless of your immigration status, you have rights under New York law.

You’re likely entitled to file a workers’ compensation claim for medical bills and lost wages. If a third party (other than your employer) caused your accident, you may also be able to pursue additional compensation in a personal injury claim.

An attorney at the Law Offices of Jay S. Knispel Personal Injury Lawyers will explain your options. Our New York City construction accident lawyers have over 25 years of experience helping injured workers get fair compensation.

Contact our law firm in NYC, New York for a free consultation to learn more about your rights after a workplace accident. You can call us at (212) 564 2800. or complete an online form to speak with an experienced NYC personal injury lawyer.

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How Our NYC Construction Accident Lawyers Can Help Injured Undocumented Workers

All New York City workers – including undocumented employees – have certain rights under state labor laws. Even though construction sites are inherently dangerous, you have a right to safety equipment and training regarding job hazards. You also have the right to file a workers’ compensation claim for benefits if you’re injured in the scope of your employment.

If your benefits have been denied or you’re having trouble filing a claim, our construction accident lawyers in New York City can help. You don’t have to worry about your legal status if you contact the Law Offices of Jay S. Knispel Personal Injury Lawyers for assistance.

Hiring us to represent you in your NYC construction accident case means you’ll have an attorney to:

Make sure you understand your rights and options as an injured worker
Protect your legal rights throughout the process, regardless of your immigration status
Investigate the cause of your accident and determine all sources of compensation
Handle your workers’ compensation claim from start to finish, including communications, filings, appeals, and hearings
Work to get you the maximum financial recovery possible

Employers and insurance companies often think they can take advantage of undocumented workers by undervaluing or denying valid claims. Don’t let them talk you out of the compensation you deserve.

Call us today for a free initial consultation to discuss your construction site accident. We work on a contingency fee basis, meaning you don’t owe any upfront fees if you hire us.

I’m an Undocumented Worker – Can I Recover Compensation After a Construction Accident in New York?

Undocumented New York workers are entitled to compensation and other legal protections. Employers, companies, and others cannot discriminate against you based on immigration status, nationality, or race.

You might be eligible to receive workers’ compensation benefits even if:

You’re paid in cash (“paid under the table”)
Your employer pays you as an independent contractor
You aren’t recognized as an employee by the government

If you’re an immigrant worker in New York and are having issues with the workers’ compensation process, contact our law firm. We’ll fight for your legal rights and ensure that you’re treated fairly.

What Compensation Is Available To Injured Workers After a New York Construction Accident?

Injured construction workers can receive compensation for their injuries by filing a workers’ compensation claim, a personal injury lawsuit, or both. We explain each in further detail below.

NY Workers’ Compensation Benefits

Most New York employers – including those in the construction industry – are required to carry workers’ compensation insurance. This coverage applies to injuries and illnesses suffered by employees on the job – even if the worker was at fault for causing the injury.

Because workers’ compensation is a no-fault system, an injured worker doesn’t have to prove negligence to recover benefits. However, in exchange for no-fault benefits, employees are typically unable to sue their employers for workplace injuries.

Workers’ compensation benefits in New York could include:

Necessary medical expenses, such as medical care, surgery, medications, medical devices, and diagnostic tests
Lost wage benefits if you’re partially or completely disabled and cannot work for more than seven days (these are typically equal to two-thirds of your pre-injury average weekly wages)
Vocational rehabilitation benefits to assist with returning to work after a job-related injury
Survivor benefits – such as weekly cash benefits and funeral expenses – if the construction accident was fatal

Unfortunately, workers’ compensation benefits probably won’t cover all of your expenses. Your lost wage benefits are two-thirds of your average weekly wages and are further limited by a statewide maximum. Also, you cannot receive compensation for pain, suffering, and other non-financial losses.

Additional Damages in a Personal Injury Claim

You’ll be entitled to the full value of your losses if you can file a personal injury claim against a third party. However, unlike workers’ compensation, you’ll have to prove negligence to recover damages in a third-party claim.

A third party in a construction accident case could include:

A property owner
The manufacturer of defective equipment, machinery, or tools
A contractor
An engineer
A government agency
A driver, pedestrian, or bicyclist that causes a motor vehicle accident

You can recover economic and non-economic damages in a third-party lawsuit, including:

Past and future medical costs
All lost income and job benefits
Reduced earning capacity
Reasonable and necessary out-of-pocket expenses, including childcare
Pain and suffering
Emotional distress
Disfigurement
Permanent disability or impairment
Diminished quality of life

Our NYC construction accident attorneys will help you determine all sources of compensation after a workplace accident.

Contact a New York City Construction Accident Attorney for a Free Consultation – Even If You’re an Undocumented Worker

Were you injured on a construction site in New York, NY? You might be able to receive compensation for your medical treatment, lost wages, and other losses – even as an undocumented worker.

Contact the Law Offices of Jay S. Knispel Personal Injury Lawyers for a free, no-obligation case evaluation to discuss our legal services and your rights.

Visit Our Construction Accident Law Office In Manhattan, NYC

450 7th Ave #1605, New York, NY 10123
(212) 564-2800
(516) 715-5944