A Manhattan personal injury lawyer has published a legal guide confirming that undocumented construction workers in New York state have the same right to file workplace injury claims as any other worker, regardless of immigration status.
Steven Louros, founder of the Law Office of Steven Louros, says fear of deportation prevents many injured workers from seeking compensation they are legally entitled to receive.
“I have sat across from workers who waited months to call us because someone on the job told them they would get deported if they filed a claim,” Louros said.
“That is a scare tactic. It is not the law. New York protects every worker on a construction site, and we make sure our clients understand that from day one.”
Workers’ compensation coverage
Under New York Workers’ Compensation Law Section 102, undocumented workers are eligible for the same benefits as any documented employee. Employers in New York are required to carry workers’ compensation insurance for all employees. The law does not include exceptions based on citizenship or immigration status.
According to the guide, the workers’ compensation system in New York processes claims without asking about immigration status. Benefits available to undocumented workers include coverage for medical treatment, partial wage replacement during recovery, and disability benefits for long-term or permanent injuries.
Third-party lawsuits
Workers’ compensation covers medical bills and a portion of lost wages but does not cover pain and suffering. Louros says undocumented workers have the same right as documented workers to file claims under New York Labour Law. Relevant provisions include Section 240, known as the Scaffold Law, as well as Sections 241(6) and 200.
These laws allow injured workers to sue property owners and general contractors directly. Compensation available through these claims includes pain and suffering, permanent disability, and future lost earning capacity.
The Scaffold Law creates strict liability for falls from elevated surfaces where proper safety equipment was not provided. Under that standard, the property owner or contractor is presumed at fault. The injured worker does not have to prove negligence.
Common accident types
Undocumented workers are often assigned to high-risk work including roofing, demolition, and scaffold jobs, sometimes with minimal training and inadequate safety equipment, according to the guide. Common accident types affecting this workforce include:
- Falls from scaffolds and ladders
- Roof collapses on residential and commercial projects
- Struck-by incidents involving falling tools or materials
- Scaffold failures from collapsing or unsecured platforms
- Trench or excavation cave-ins
Resulting injuries frequently include traumatic brain injuries, spinal cord damage, crushed limbs, and permanent disability. Workers without legal status often lack health insurance and have limited ability to miss extended time from work.
Employer retaliation
Some employers and contractors attempt to silence injured workers by threatening to contact immigration authorities. That conduct is illegal under New York law. Employers cannot fire, punish, or threaten to report a worker for filing a safety complaint or pursuing an injury claim.
“We tell every client the same thing: if your boss threatened you after you got hurt, that threat is a separate violation of the law,” Louros said. “It does not matter what your papers say. You got hurt on a job site in New York, and New York law says you have rights. Full stop.”
Workers who face this kind of retaliation may have grounds for additional legal action against the employer.
Steps after an accident
The guide outlines recommended steps for undocumented workers injured on a construction site. Workers are advised to seek medical attention immediately, report the accident to a supervisor if safe to do so, and document the scene with photos and witness information. Workers are also told not to give recorded statements to insurance adjusters or contractors before speaking with a lawyer.
Louros notes that time is critical because evidence disappears quickly on active construction sites and a statute of limitations sets a deadline for filing claims.
The Law Office of Steven Louros is based in Manhattan and handles cases across all five boroughs as well as Long Island. The firm provides legal services in Mandarin, Cantonese, and Korean through native-speaking staff.
