When an injured construction worker calls my office, the first thing they say usually isn't "I'm hurt." It's "I don't have papers." Then they wait, like I'm about to hang up.
I don't. Because here's the truth, and I want every worker in Brooklyn to hear it: in New York, your immigration status does not take away your right to be paid for your injuries. Not your medical care, not your pain, and in most cases not your lost wages either. The men and women building this city are protected by its laws, papers or no papers.
Lea esto en español · Li sa an Kreyòl
Published October 10, 2026. Reviewed for accuracy October 10, 2026.
Quick facts
- Your papers
- Not the issue. Your immigration status doesn't stop an injury claim in New York.
- Medical bills
- Workers' compensation pays, regardless of immigration status, even if you were paid in cash.
- A lawsuit
- You can often sue the property owner and general contractor, especially after a fall.
- Lost wages
- New York's highest court says undocumented workers can recover them.
- Retaliation
- It's illegal for your boss to punish you for a claim, including threatening to call immigration.
- Cost
- Free consultation. No legal fee unless we recover money for you.
Can an undocumented worker make a claim after a construction accident in New York?
Yes. Most injured construction workers in New York have two kinds of claims, and your papers don't block either one:
- Workers' compensation from your employer's insurance, for medical care and part of your lost pay.
- A lawsuit against the property owner and general contractor, for your pain, your lost earnings and your future care. This is often where the real money is.
Learn more on our New York City construction accident lawyer page.
Will workers' comp pay if you're undocumented?
Yes. The New York Workers' Compensation Board says benefits are available "regardless of citizenship or immigration status." New York's highest court has said the same thing: the workers' comp law applies to everyone in the state, "even those who are not entitled to be here."
Workers' comp pays your medical bills and part of your lost wages. Being paid in cash or off the books doesn't change that. And the Board is clear: don't pay the doctor or hospital yourself for a work injury.
A warning I give every worker: if your boss drives you to "his" clinic, pays cash and tells you to say you got hurt at home, that's not kindness. That's a boss protecting himself. Get your own medical care, and tell the doctor the truth: it happened at work.
Can an undocumented worker sue after a construction accident?
Often, yes. In most cases you can't sue your own employer; workers' comp is your claim against them. But you can usually sue the property owner and the general contractor, and New York's safety laws are some of the strongest in the country:
- Labor Law § 240, the "Scaffold Law," covers falls from ladders, scaffolds and roofs, and objects falling on you. The owner and contractor are responsible if they didn't give you proper protection, and your own mistake usually doesn't reduce what you recover. Read what to do after a fall on a construction site.
- Labor Law § 241 makes owners and contractors follow the state's detailed construction safety rules, like covering holes, guarding machines and keeping walkways clear.
These laws protect undocumented workers the same as anyone else. In Coque v. Wildflower Estates (2006), an undocumented carpenter fell to a basement when a makeshift scaffold collapsed. The appeals court that covers Brooklyn and Queens held the property owner responsible under § 240.
And these cases can be life-changing. In Angamarca v. New York City Partnership (2011), an undocumented worker from Ecuador fell two stories through an uncovered roof opening. The court kept his immigration status out of the trial, upheld $16.7 million for his future medical care and ordered a new trial on pain and suffering unless the defendant agreed to pay $5 million. Results depend on the injury, and past results don't guarantee yours.
Working on a State or City job? If the owner is the government, like a highway or school project, the first deadline can be just 90 days. See why on our Van Wyck construction accident page.
Can you recover lost wages without papers?
Usually, yes. In Balbuena v. IDR Realty (2006), New York's highest court held that federal immigration law does not stop an undocumented worker from recovering lost wages in a construction injury case. The court also pointed out that it's not a crime to work without papers, and that it's the employer who breaks the law by not checking.
Two honest caveats, because you deserve the whole picture:
- A jury may consider your immigration status as one factor when deciding future lost wages.
- If you got the job by showing false documents, the court in Coque said that can limit your lost wage claim. It doesn't affect your medical care or your pain and suffering. Tell your lawyer the truth so we can plan for it.
Will someone report you to immigration if you file a claim?
This is the fear that keeps people quiet. Here's what the law says:
- Retaliation is illegal. According to the New York Attorney General, your employer can't punish you for a workers' comp claim or a safety complaint, and that includes calling immigration on you. Penalties can reach $20,000.
- Firing you for a comp claim is illegal too. You can file a discrimination complaint with the Workers' Compensation Board within two years.
- The State can help protect you. In 2024, the Workers' Compensation Board announced it will support requests to federal immigration authorities for protection for undocumented workers involved in its investigations.
- What you tell me stays between us. Lawyers in New York are bound by strict confidentiality rules.
More comfortable in another language? Read the summaries in Spanish and in Kreyòl below, or learn about working with a lawyer who speaks your language.
What should you do after a construction injury?
- Get medical care right away, and say clearly that you were hurt at work.
- Tell your employer in writing within 30 days. A text message works. Take a screenshot and keep it.
- Take photos of the ladder, scaffold, hole or equipment, and of your injuries, before anything gets "fixed."
- Photograph the permit sign posted at the site. It usually names the owner and the general contractor, the people you can sue.
- Get names and phone numbers of coworkers who saw what happened.
- Don't sign anything your boss or an insurance company hands you, and don't take cash to stay quiet.
- Call a lawyer before you talk to insurance. The consultation is free.
If you hit your head, read about traumatic brain injuries. If you hurt your back or neck, see our herniated disc guide.
What are the deadlines for a construction injury claim in New York?
| Deadline | What it's for |
|---|---|
| 30 days | Tell your employer about the injury in writing, under Workers' Compensation Law § 18. |
| 90 days | File a notice of claim if the owner is the City, the State or another public agency. |
| 2 years | File your claim with the Workers' Compensation Board. |
| 3 years | File a lawsuit against the owner and general contractor in most cases. |
An Kreyòl: Si ou blese sou yon chantye san papye
- Papye ou pa anpeche ou fè yon reklamasyon pou blesi ou nan New York.
- Workers' comp dwe peye bòdwo medikal ou, kèlkeswa estati imigrasyon ou.
- Ou ka souvan fè pwosè kont mèt pwopriyete a ak kontraktè jeneral la, sitou si ou tonbe.
- Li ilegal pou patwon ou pini ou oswa menase rele imigrasyon paske ou fè yon reklamasyon.
- Fè patwon ou konnen pa ekri nan 30 jou. Yon tèks bon. Kenbe yon foto.
- Pa siyen anyen epi pa pran kòb kach pou ou pa di anyen.
Konsiltasyon an gratis. Ou pa peye frè avoka si nou pa jwenn lajan pou ou. Rele nou: 1-800-946-4616. Li plis sou avoka nan Brooklyn ki pale Kreyòl.
En español: Si se lastimó en una obra sin papeles
En Nueva York, sus papeles no le quitan el derecho a que le paguen por sus lesiones. Esto es lo que debe saber:
- Su estatus migratorio no le impide hacer un reclamo por sus lesiones.
- El seguro de compensación laboral (workers' comp) debe pagar sus gastos médicos y parte de su salario perdido, sin importar su estatus migratorio, aunque le paguen en efectivo.
- Muchas veces puede demandar al dueño de la propiedad y al contratista general, sobre todo si se cayó de una escalera, un andamio o un techo.
- Es ilegal que su patrón lo castigue o lo amenace con llamar a inmigración porque usted hizo un reclamo.
- Avísele a su patrón por escrito dentro de 30 días. Un mensaje de texto sirve. Guarde una captura de pantalla.
- Tome fotos del lugar y del letrero del permiso de la obra, que normalmente tiene el nombre del dueño y del contratista.
- No firme nada y no acepte dinero en efectivo para quedarse callado.
- Lo que usted me cuente es confidencial.
La consulta es gratis. No paga honorarios legales a menos que recuperemos dinero para usted. Llámenos: 1-800-946-4616, o cuéntenos lo que pasó.
Hurt on a construction site? Your papers are not the issue.
All you need is wise counsel.
Tell me what happened, in English, Kreyòl or Spanish. I'll find out who's responsible, protect your deadlines and stand between you and the people trying to scare you into silence. The consultation is free, and you pay no legal fee unless we recover money for you.
Nou pale Kreyòl. Se habla español.
Common questions
What happens if an undocumented worker gets hurt on a construction site in NY?
They have the same basic rights as any other worker. Workers' compensation pays medical bills and part of lost wages regardless of immigration status, and they can often sue the property owner and general contractor under New York's Labor Law, especially after a fall.
Can an undocumented worker get workers' comp in New York?
Yes. The New York Workers' Compensation Board says benefits are available regardless of citizenship or immigration status, even for workers paid in cash.
Can undocumented workers recover lost wages in New York?
Usually, yes. New York's highest court held in Balbuena v. IDR Realty (2006) that federal immigration law doesn't bar lost wage claims. A jury may consider immigration status for future wages, and using false documents to get the job can limit lost wages, but not medical care or pain and suffering.
Can my employer report me to immigration for filing a claim?
Retaliating against a worker for a workers' comp claim or safety complaint is illegal in New York, and the Attorney General says that includes calling immigration officials. Penalties can reach $20,000.
Who can I sue after a construction accident in New York?
Usually the property owner and the general contractor, under Labor Law §§ 240 and 241. In most cases you can't sue your own employer, but workers' comp covers you there.
Tell me what happened
Get a free, confidential case review. I'll personally read your message and get back to you, usually within 24 hours. You don't have to share your immigration status here. Nou pale Kreyòl. Se habla español.
Thank you. Koenig received your message.
I'll personally review it and contact you, usually within 24 hours. If it's urgent, call 1-800-946-4616.
Related guides
Attorney Advertising. This article is general information, not legal advice for your situation, and reading it or sending the form does not create an attorney-client relationship. It is not immigration advice. Deadlines and rules can change and depend on your facts. Contact a lawyer about your specific case.
The court decisions described above are public records of other cases and are not results obtained by this office. Prior results do not guarantee a similar outcome. "No fee unless we recover" refers to legal fees. Clients may be responsible for court costs and case expenses; ask about this during your consultation.
Koenig Pierre, Esq., 2653 Coney Island Avenue, Brooklyn, NY 11223. 1-800-946-4616.