New York State is home to more than 470,000 undocumented workers, the majority of whom have been in the country for over 10 years. Despite their significance in the state’s workforce, many experience unfair treatment and feel that they do not have the same rights as documented workers.
For example, can undocumented construction workers file injury claims? Understanding your rights as an immigrant worker is important to protecting them. You have many of the same rights as documented workers, and an experienced New York construction accident lawyer can help you uphold them.
Understanding New York’s Immigrant Workforce
New York City relies on immigrant workers to fuel its workforce across industries such as transportation, construction, and home health care. A data briefing published in 2025 by the Center for Migration Studies of New York revealed a portrait of immigrant New Yorkers, stating that:
- Foreign-born residents account for approximately 38% of the City’s population.
- Construction is the largest occupation for undocumented workers in New York City, with approximately 41% of the City’s construction laborers being undocumented workers. This is five times the overall share of undocumented workers in the City’s labor force.
- Approximately 54,000 undocumented construction workers reside in New York City.
- Undocumented immigrants have a significantly higher rate of labor force participation than native-born New Yorkers, at a rate of 80% compared to 64%.
- Undocumented workers earn the least among immigrant New Yorkers, averaging $20 per hour. The City’s living wage at the time of writing was $28.87 per hour for one adult with no children.
Outside of construction, undocumented workers also commonly work in industries like home health and transportation. These workers play an important role in the City’s workforce, and they have legal rights that employers cannot take away.
What Legal Rights Do Immigrant Workers in New York Have?
New York workers have certain legal rights regardless of their immigration status. These are a few important immigrant workers’ rights to be aware of:
- The right to minimum wage and overtime pay
- The right to protection from retaliation
- The right to the amount of pay promised by the employer
- The right to a workplace free from harassment and discrimination
- The right to family and medical leave
- The right to workers’ compensation insurance
An employer can only request that a worker verify their work authorization during these specific times:
- When they hire the worker
- When the worker’s authorization is about to expire or has expired
- If the employer has reason to believe the authorization originally submitted by the worker is inaccurate
Understanding your legal rights is the first step in upholding them. A New York construction accident lawyer can provide more clarity about what your employer legally can and cannot do, especially if you experienced an injury on the job.
Workers’ Compensation Rights for Undocumented Workers in New York
Undocumented workers often seek to stay under the radar and avoid drawing attention to themselves. This may lead some workers to choose not to report workplace injuries.
However, you have the same right to workers’ compensation as native-born workers. The majority of construction companies are required to offer this benefit to workers, regardless of immigration status. They cannot legally fire you or retaliate against you in other ways for filing a workers’ compensation claim.
Workers’ compensation pays for medical expenses after an on-the-job injury. It can also provide you with up to two-thirds of your weekly wages if you are off work for an extended period while recovering.
What Legal Options Do Undocumented Workers Have After a Construction Site Accident?
Filing a workers’ compensation claim may be just one of your options for seeking compensation after a construction site accident. A construction accident lawyer in NYC can help you explore your options while ensuring that your employer upholds your rights as an undocumented worker through the process.
You should not need to pay for your medical expenses out of pocket. As long as the accident happened in the course of completing your job duties, you likely qualify for workers’ compensation. Depending on the circumstances surrounding the accident, you may also explore a third-party personal injury lawsuit.
This would hold another entity liable for the accident, such as an equipment manufacturer, contractor, or property owner. If a general contractor or property owner violated New York’s Scaffold Law, you may be able to hold them strictly liable for your injuries.
A personal injury lawsuit could allow you to seek non-economic damages, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
Being an undocumented worker does not prevent you from pursuing a personal injury lawsuit against a party that was liable for your injuries. A New York construction accident lawyer can help you navigate this process while maintaining discretion if you prefer.
Can You Be Deported for Filing a Workers’ Compensation Claim or Third-Party Lawsuit?
You may fear that seeking compensation after a workplace injury could lead to your deportation. However, New York undocumented workers are generally protected from deportation and other negative ramifications for filing a workers’ compensation claim or lawsuit.
If your employer is threatening to report you to immigration services after you reported a workplace injury or filed a workers’ compensation claim, this may be considered illegal retaliation. Employers are prohibited from taking such actions against workers for upholding their legal rights. Our attorneys can help you take a stand against this unlawful treatment.
Request a Free Consultation With a Construction Accident Lawyer in New York
Knowing how to move forward after a workplace injury as an undocumented worker can be stressful and overwhelming. At Ross & Hill, we stand up for the legal rights of undocumented construction workers after injuries.
Whether you need help understanding your rights, filing a workers’ compensation claim, or proving a case in a construction accident lawsuit, our attorneys provide comprehensive legal guidance and support. Contact us today at 646-351-6222 for a 100% free consultation.
Frequently Asked Questions
Does OSHA cover undocumented workers?
Yes, OSHA protects workers regardless of immigration status. Construction companies that employ undocumented workers are still required to meet OSHA safety standards and can face penalties and legal consequences for noncompliance. If your injury resulted from an OSHA violation, you have the right to report this violation without consequence.
Can undocumented immigrants sue for personal injury?
Yes, undocumented immigrants can sue for personal injury in New York. Immigration status does not prevent you from bringing a personal injury lawsuit. The civil courts are not connected to federal immigration enforcement, which means that filing a claim does not automatically trigger an alert or report to immigration authorities. Additionally, the New York court system actively protects your right to sue, regardless of immigration status.
Does workers’ compensation apply to workers who are paid off the books?
Workers’ compensation still applies to workers who are paid off the books. Employers can also face penalties for failing to properly report a worker. Undocumented workers who are paid under the table can still generally qualify for workers’ compensation after workplace injuries.
What workers’ compensation benefits can undocumented workers receive?
Undocumented workers receive the same workers’ compensation benefits as documented employees. These include reimbursement for medical treatments and doctor’s visits, a portion of lost wages if they are unable to work for an extended period, and compensation for permanent or temporary disabilities. When an undocumented worker is killed in a workplace accident, their dependents may also qualify for death benefits through workers’ compensation. Consult a New York construction accident lawyer to learn more.
