Lawyer for Undocumented Construction Worker Injuries in NYC

Hurt on a Construction Site? Your Immigration Status Doesn't Block Your Right to Compensation

After a construction injury, your mind races. How will I pay the rent? Who will cover these medical bills? How can I provide for my family if I can't work?

If you are an undocumented worker, another layer of fear settles in: Will seeking help get me deported? Can an undocumented worker sue after a work injury? Let’s be perfectly clear. New York law protects all injured workers, regardless of immigration status. You have the right to seek money for your injuries. This is a foundational principle of state labor law designed to protect every person working in our communities.

The question isn't if you have rights, but how to enforce them. Were you paid in cash? It doesn’t matter. Did your boss threaten you? That is illegal. The system is designed to provide a path forward, but it requires taking the first step. We created this page to give you direct answers and explain how to secure the financial support you and your family need.

If you were injured on a construction site in New York City or Long Island, call The Perecman Firm at (212) 977-7033. The consultation is free and completely confidential. We are here to help.

Why Choose The Perecman Firm?

For over 40 years, our firm has focused on one thing: helping injured workers get back on their feet. We have a deep history of representing members of New York's immigrant communities, and our founder, David H. Perecman, built our practice on a foundation of empathy and relentless advocacy.

Our track record includes recovering nearly a billion dollars in total for our clients, with significant victories in some of New York's most challenging construction accident cases. A few notable examples are a $19 million settlement for an ironworker and a $9.9 million settlement for a worker injured in a fall. To ensure you can tell your story without a language barrier, our team includes attorneys and staff who speak Spanish, Russian, Slovakian, and Polish.

We handle all cases on a contingency fee basis. This means you pay us nothing unless we win. Your initial conversation with us is always free, confidential, and without any obligation. Our office is at 250 West 57th Street, near Columbus Circle, easily reached from anywhere in the city and Long Island.

What Kind of Compensation Can You Pursue?

When someone else's negligence causes your injury, you should not be the one to carry the financial weight. A personal injury claim aims to recover money to cover every cost and loss that stems from the accident.

Economic Damages

These are the tangible costs that come with receipts and bills. They are the black-and-white numbers of your loss.

• Medical Treatment: This covers everything from the ambulance ride and emergency room visit to future surgeries, physical therapy, medication, and any necessary medical equipment.
• Lost Wages: The paychecks you've already missed and the income you are projected to lose while you recover.
• Vocational Rehabilitation: If the injury prevents you from returning to your previous job, this covers the cost of training for a new career path.

Non-Economic Damages

Some losses don't come with a price tag but are just as real. This compensation addresses the human cost of your injury.

• Pain and Suffering: For the physical pain and emotional distress you endure.
• Loss of Enjoyment of Life: For the ways your injury limits your ability to engage in hobbies, activities, and the simple pleasures of daily life.

Punitive Damages

In rare situations where an employer's actions were exceptionally reckless, a court might award punitive damages. This is not to repay you for a loss but to punish the defendant and send a clear message that such behavior will not be tolerated.

Construction Work on Long Island: A Landscape of Risk

While New York City's skyline is constantly changing, the sprawling construction projects across Nassau and Suffolk counties carry their own set of dangers. From new housing developments to massive infrastructure overhauls, Long Island workers face serious hazards daily.

Accidents are frequent in areas with booming construction, such as commercial zones along major highways, new residential subdivisions, and public works projects. Falls are the leading cause of death and severe injury on New York construction sites. Federal regulators at OSHA frequently cite Long Island contractors for failing to provide basic fall protection—a failure that has led to preventable deaths. In Suffolk County, trench collapses are a persistent and sometimes fatal hazard.

Undocumented Workers Face Greater Dangers

Undocumented immigrants make up a significant portion of Long Island’s construction workforce, especially on private, non-union job sites. These sites are often unregulated, lacking the safety oversight present in union jobs or publicly funded projects. Many undocumented workers take these jobs because they pay cash, don’t require Social Security numbers, and offer immediate employment. But they come with a cost.

Tragically, a disproportionate number of construction deaths in New York occur on sites where undocumented workers are employed. A 2019 report by the NYC Comptroller’s Office found that 94% of workers who died on private job sites in NYC between 2015 and 2018 were non-union, and many were immigrants. On Long Island, where enforcement is even less visible, the risk is compounded.

Employers on these sites commonly skip legally required safety training, fail to provide fall protection or PPE, and in some cases, don’t even report accidents. Undocumented workers may be pressured to return to work while injured or threatened with termination—or deportation—if they speak up.

Fear of Retaliation Silences Injured Workers

The fear of deportation or job loss prevents many undocumented workers from reporting unsafe conditions or filing injury claims. Some employers exploit this fear, assuming that injured workers will simply disappear rather than pursue legal action. Others offer off-the-books "settlements" in cash, hoping to avoid any record of the incident.

What Are Your Rights?

Common Construction Accidents

Job sites are filled with hazards. We regularly handle cases involving:

• Falls from Height: The number one cause of fatal construction injuries, often from ladders, roofs, or scaffolds.
• Struck-By-Object: Injuries from falling tools, debris, or unsecured materials.
• Electrocutions: Contact with live power lines or malfunctioning equipment.
• Trench Collapses: When excavation walls give way because they were not properly secured.
• Equipment Malfunctions: Accidents involving cranes, forklifts, and other heavy machinery.

The Life-Altering Injuries We See

The physical toll of these accidents can change everything. Common injuries include:

• Traumatic Brain Injuries (TBIs)
• Spinal Cord Damage and Paralysis
• Broken Bones and Complex Fractures
• Severe Burns
• Amputations

Powerful Legal Tools for Your Protection

New York has some of the strongest laws in the nation to protect construction workers.

• New York Labor Law § 240 (the "Scaffold Law"): This law holds property owners and general contractors strictly liable for "gravity-related" accidents, like falls or being hit by a falling object. If they didn't provide the right safety gear and you were hurt, they are held responsible. Your own actions are generally not a factor.
• New York Labor Law § 241: This law requires owners and contractors to follow specific safety rules outlined in the state's Industrial Code for all construction, demolition, and excavation work.
• New York Labor Law § 200: This is a general safety rule that requires employers to provide a workplace that is reasonably safe and free from recognized hazards.
• Workers' Compensation: This is a separate, no-fault system. Your employer's insurance must cover your medical bills and a part of your lost wages, regardless of who caused the accident. You do not need a Social Security number to file a claim.

What to Expect from the Company and Its Insurer

After an accident, the insurance company's goal is to minimize its payout. This business reality puts them in direct opposition to your need for fair compensation. 

Moves We Anticipate

• The Quick, Lowball Offer: An adjuster may offer a fast settlement, hoping you'll take it before you realize the full cost of your injury, including future medical needs.
• Questioning Your Injury: They might challenge your doctor's findings or hire their own doctor to say your injury isn't as bad as it is.
• Using Your Status as a Weapon: It is illegal for an employer to threaten you with deportation for filing a claim. This is an empty threat designed to scare you into silence.
• The Delay Game: By dragging out the process, they hope financial pressure will force you to accept a smaller settlement.

Steps You Can Take to Protect Your Claim

While we manage the legal process, your actions can strengthen your case. What you do in the days and weeks after an injury matters.

• Follow Your Doctor's Orders: Attend every appointment and complete all prescribed treatments. This not only helps your recovery but also creates an official medical record that is difficult to dispute.
• Keep a Journal: Each day, write down your pain levels, the daily tasks you struggle with, and any appointments you have. This log becomes a powerful, personal account of your suffering.
• Save All Paperwork: Hold onto every medical bill, prescription receipt, and any other document related to your injury. These papers are the foundation of your claim for economic damages.
• Stay Off Social Media: Insurance companies will search your social media for anything they can twist to argue you aren't really hurt. A single photo can be taken out of context.
• Do Not Give a Recorded Statement: Never agree to give a recorded statement to an insurance adjuster without speaking to an attorney first. They are trained to ask questions designed to weaken your claim.

Common Questions from Injured Undocumented Workers

Let Us Handle the Legal Work, So You Can

Focus on Healing

A workplace injury should not destroy your family's financial stability. The law provides a way to hold the responsible parties accountable. You have rights, and you have powerful options.

Let our team of personal injury attorneys at The Perecman Firm take the legal weight off your shoulders. Call us today at (212) 977-7033 or fill out our online form for a free, completely confidential consultation. We are here to listen and ready to help.