Immigrants make up more than half of the workforce in New York’s construction industry, according to many reports and statistics. The Center for Migration Studies reports that immigrants comprise about 37% of New York City’s total population, but 44% of the city’s labor force and 63% of all its construction workers. About 41% of the immigrant construction force is undocumented. So, the odds of undocumented workers suffering serious injuries in construction site accidents compared to other workers is much higher.
Undocumented Workers Have Rights
It is a sad and unfortunate fact that many undocumented workers who operate as laborers in construction sites, do not get the medical care, benefits or vital compensation to which they are entitled. Many are not even aware of their rights under state and federal laws. Even if they are aware, many worry about filing a lawsuit because they are concerned that they may be deported.
This is why it is absolutely crucial for construction workers who are undocumented to be well aware of their rights and legal protections. If you have been injured in a construction accident, even if you are undocumented, you are eligible to receive workers’ compensation benefits and have the right to file a third-party lawsuit if the negligence (carelessness) of a party other than the employer (or co-employees) caused your construction accident.
Compensation for Injured Workers
There are different types of benefits and compensation that you may be entitled to after a construction site accident, even if you are undocumented:
Workers’ compensation: Any worker who is injured or disabled in a workplace accident is eligible to receive workers’ compensation benefits under New York law, and this is true regardless of immigration status. You are eligible to receive these benefits even if you get paid in cash or are paid off the books. Workers’ comp benefits typically cover medical care and rehabilitation, a portion of your lost income and any travel expenses connected to your medical appointments.
Personal injury lawsuit: New York’s labor laws state that any worker, regardless of immigration status, has the right to file a personal injury lawsuit against the party responsible for their injuries and losses. These are often “third-party claims” that are filed against parties other than employers such as general contractors, sub-contractors, manufacturers of defective products, architects, engineers, etc. A personal injury lawsuit may well be worth much more than workers’ comp benefits because they also cover other damages such as loss of earning capacity, loss of consortium, pain and suffering, etc.
One of the important labor laws that protect the rights of injured construction workers in New York is Labor Law 241. This law, in conjunction with the New York State Industrial Code, provides detailed guidelines on how worksites must be organized and maintained in order to keep workers safe. New York Labor Law 241 (6) states that a property owner or contractor can be found negligent (careless) if an accident occurred while under their supervision. If you suspect that your injury was the result of an unsafe construction site that did not adhere to these safety laws, it is important that you contact an experienced New York City construction accident lawyer who can help you better understand your rights under the law.
Contacting an Experienced Lawyer
As mentioned earlier, any worker who has been injured in a construction accident may be eligible to receive workers’ compensation benefits (which covers medical expenses and a portion of lost wages). In addition, workers may also be able to file a third-party claim against a negligent (careless) party other than the employer or co-employees for significant monetary damages and have two sources of compensation available for their losses. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party who may be held liable for the fatal incident.
If you have suffered injuries in a construction-related accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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