You got hurt on a construction site in New York. Maybe you fell from scaffolding, maybe something heavy came down on you, maybe the trenching gave way. And now you’re wondering whether your immigration status means you’re out of luck. It doesn’t. New York law is pretty clear on this: undocumented workers have the same right to workers’ compensation benefits as anyone else working in the state. That includes medical treatment and wage replacement. And depending on how the accident happened, you might also be able to file a lawsuit under New York’s Labor Law, which can recover damages that workers’ comp doesn’t cover, like pain and suffering.

Immigrant Workers’ Rights

New York protects all workers, including those who are undocumented or paid off the books. The reasoning behind this is straightforward: labor protections exist to protect human beings doing work, not just citizens or people with paperwork. The moment you start working in New York, you’re covered by labor laws, regardless of whether you have a contract, work authorization, or even a Social Security number. This isn’t some loophole or gray area. The New York State Workers’ Compensation Board has specifically confirmed that undocumented workers can file claims, receive medical care, and collect wage benefits (New York State Workers’ Compensation Board).

Worker Rights Every Immigrant in New York Has

Workers’ compensation benefits if you’re hurt on the job, covering medical care and lost wages. A safe workplace that follows OSHA and local standards, with proper equipment and safety protections. The right to report an injury to your employer without fear of immigration consequences, since New York passed legislation in 2021 protecting undocumented immigrants from threats to report their immigration status (New York State Workers’ Compensation Board Press Release, 2024). You can file a workers’ compensation claim with the NYS Workers’ Compensation Board. For certain construction accidents, you can file a lawsuit under Labor Law §240 and §241(6). You’re entitled to payment for all hours worked, including overtime, even without documentation. Retaliation is illegal, including threats like “I’ll call immigration.” You have the right to share workplace information and organize collectively. You can cooperate in workplace investigations without risk of immigration enforcement, and the Board has partnered with the U.S. Department of Homeland Security to provide temporary protection from prosecution for workers who are party to a workers’ compensation claim. You can receive interpretation services when dealing with state labor agencies, and you can hire attorneys to pursue civil lawsuits.

Undocumented Workers Jobsite Injury: NY Compensation

Every worker hurt on the job in New York has the right to workers’ compensation, regardless of immigration status. The Workers’ Compensation Board has repeatedly confirmed this. Your right to report an injury or get treatment doesn’t depend on having a Social Security number or legal status. There’s a common misconception floating around that undocumented workers have no benefits. That’s wrong. New York guarantees medical care and lost wage compensation to injured workers even if they’re undocumented.

What is Workers’ Compensation?

Workers’ compensation is state-mandated insurance that provides medical care and wage benefits to workers who get hurt on the job. Under New York Workers’ Compensation Law (WCL §2 and §3), virtually all private employers are required to buy workers’ compensation insurance for their employees, regardless of immigration status or payment method. When you’re injured at work in New York, you’re automatically entitled to workers’ compensation benefits, and it doesn’t matter whose fault the accident was. The system is “no-fault,” meaning you don’t need to prove your employer did something wrong. The New York State Workers’ Compensation Board processes all claims and can intervene if there’s a dispute about benefits.

What Workers’ Comp Covers Even If You’re Undocumented

Workers’ compensation in New York is a mandatory no-fault insurance system. You don’t need to prove your employer did anything wrong to receive benefits. If you were injured while doing your job, you’re generally covered, even if you’re undocumented, paid in cash, or working without a formal contract. Coverage includes medical care at no cost to you, which covers doctor visits, hospital care, therapy, tests, and medication. You can receive partial wage replacement if you can’t work because of your injury, typically around two-thirds of your average weekly wage. Benefits exist for permanent injuries if the accident causes long-term damage. Travel reimbursement to medical appointments is also covered. And if a worker dies from a jobsite accident, death benefits go to the family.

What if you’re paid in cash or “off the books”?

The City of New York has made it clear: workers paid in cash may still qualify for workers’ compensation. Your right to benefits depends on the work you performed, not how you were paid (NYC Mayor’s Office of Immigrant Affairs). A common misconception is that you won’t qualify because you’re paid in cash and have no contract. That’s not how the law works. You can still file a workers’ compensation claim. If your employer tries to deny your work relationship or compensation benefits, that’s when having an attorney becomes important.

Beyond Workers’ Comp — When You Can Sue in NY Construction Cases

Workers’ compensation isn’t the only protection available to injured construction workers. In New York, certain jobsite accidents allow you to file a separate lawsuit under the state’s Labor Law. This matters because workers’ comp only pays partial wages and doesn’t cover pain and suffering. A Labor Law lawsuit can potentially recover full lost wages, complete medical costs, pain and suffering, and long-term disability damages.

NY Labor Law 240 Claims — Scaffold Law Rights NYC

Labor Law §240, commonly called the “Scaffold Law,” protects workers from elevation risks. This includes falling from heights or being struck by falling objects. The law, found in the New York Consolidated Laws, specifically states that “all contractors and owners and their agents” must “furnish or erect, or cause to be furnished or erected” scaffolding, hoists, ladders, and other devices “which shall be so constructed, placed and operated as to give proper protection to a person so employed” (New York Labor Law §240). If your accident involved a ladder, scaffold, roof, or any height-related hazard, the property owner and general contractor may be held liable. The law applies strict liability, meaning the responsible parties are automatically liable for injuries caused by falls from heights or falling objects, regardless of fault or negligence. You don’t have to show the owner or contractor was negligent, only that the injury was gravity-related and proper safety measures were lacking. And yes, this applies to undocumented workers. The law protects all workers involved in construction, demolition, repair, and similar work, regardless of immigration status.

Labor Law 241(6) Construction Accidents

Labor Law §241(6) gives workers the right to sue when specific safety rules from the Industrial Code were violated during construction, demolition, or excavation work. The statute requires that “all areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein” (New York Labor Law §241[6]). The detailed safety requirements are laid out in Part 23 of the New York Industrial Code (12 NYCRR Part 23), which covers everything from guardrail heights to protective covers for equipment to proper hoisting procedures. If those safety rules weren’t followed and you were injured, you may qualify for compensation beyond workers’ comp, regardless of your immigration status. Unlike §240, which imposes absolute liability, §241(6) allows for comparative negligence, meaning your compensation could be reduced if you were partially at fault, but you’re not barred from recovering damages.

Labor Law §200

Labor Law §200 covers general workplace safety. It’s essentially New York’s “general duty” clause, requiring that “all places to which this chapter applies shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein” (New York Labor Law §200). This law requires employers and contractors to keep the jobsite reasonably safe. Unlike §240, which imposes strict liability, §200 requires showing that the owner or contractor was negligent, either in how work was supervised or how the premises were maintained.

When You Can File a Lawsuit Against a Third Party

In many construction accidents, the responsible party isn’t your direct employer. New York law allows you to file a separate lawsuit against a third party if their negligence contributed to your injury. A “third party” is anyone other than your employer or co-worker. You may have a third-party claim when your injury was caused by a general contractor who failed to keep the site safe, a property owner who didn’t follow safety rules, a subcontractor who created a dangerous condition, a tool or equipment manufacturer whose product failed, a delivery company or outside worker who caused the accident, or a building management company responsible for unsafe conditions.

Why Lawsuits Matter

Workers’ comp only pays a portion of lost wages and nothing for pain and suffering. A Labor Law lawsuit can potentially recover full lost wages, medical costs, pain and suffering, and long-term disability damages. New York is actually unique in allowing workers to collect from the workers’ compensation system while also pursuing a civil court claim under the Scaffold Law.

Immigrants’ Right to Workers’ Compensation and to File Lawsuits

Your right to workers’ compensation in New York doesn’t depend on your immigration status. Whether you’re undocumented, paid in cash, or working without a contract, you’re still entitled to medical care, lost wages, and in many cases, the right to file a lawsuit when unsafe conditions or negligent third parties cause your injury. If you suffer a jobsite injury in NY, don’t let fear or misinformation stop you. The experienced construction injury attorneys at Gorayeb & Associates can guide you through the legal process, protect your rights, and help you pursue the maximum compensation possible for your case.

References

• • New York Labor Law §240 (Scaffold Law) – https://www.nysenate.gov/legislation/laws/LAB/240
• • New York Labor Law §241 (Construction, excavation and demolition work) – https://www.nysenate.gov/legislation/laws/LAB/241
• • New York Labor Law §200 (General duty to protect health and safety of employees) – https://www.nysenate.gov/legislation/laws/LAB/200
• • NYS Workers’ Compensation Board – Protection for Undocumented Workers During Labor Investigations – https://www.wcb.ny.gov/content/main/PressRe/protect-undocumented-worker-labor-investigations.jsp
• • NYS Workers’ Compensation Board – Workers’ Compensation Coverage Requirements – https://www.wcb.ny.gov/content/main/coverage-requirements-wc/
• • NYC Mayor’s Office of Immigrant Affairs – Immigrant Workers’ Rights – https://www.nyc.gov/site/immigrants/legal-resources/immigrant-workers-rights.page
• • New York Industrial Code Part 23 (12 NYCRR Part 23) – Safety Rules for Construction, Demolition and Excavation – https://www.labor.ny.gov/workerprotection/safetyhealth/DOSH_PART23.shtm