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Undocumented Construction Workers Injuries

It’s estimated that there were 560,000 undocumented immigrants in New York City in 2017. Many of those individuals work in the construction industry. In fact, one report claimed that almost half of all construction workers in the country are undocumented.

Just like all other construction workers, undocumented workers face the risk of being involved in a construction accident. But this complicates matters, as many workers are unsure of their rights. If you or a loved one is one of the undocumented construction workers with injuries, you deserve compensation. Rosenberg, Minc, Falkoff & Wolff, LLP wants to tell you about your options.

What are the Rights of Undocumented Construction Workers?

According to New York laws, undocumented workers have the same rights as all other workers. Their illegal status does not mean they are excluded from basic protections, such as the ability to seek compensation through workers’ compensation. If they go through the right channels for their construction injuries, they may receive money for their missed wages and medical bills.

That said, the laws don’t stop employers from lying to their employers about their rights. After an accident, an employer might tell you that you are prohibited from applying for workers’ compensation. They may even threaten to report you for your undocumented status if you speak to an attorney or file a claim for compensation. This is against the law and you shouldn’t tolerate it. If you have questions about the process, you can speak with an experienced attorney.

For many immigrants, the risk of deportation is too great for them to fight for justice. But if the construction company hired you despite your immigration status, they have a legal obligation to you. They must protect you the same way in which they protect their other employees.

The Facts About Undocumented Worker Injuries

All construction workers have a high risk of experiencing on-the-job injuries. However, undocumented workers face even higher odds. They are more likely to experience injuries while working.

There are several reasons for this. For one, employers tend to assign undocumented workers the more dangerous jobs. Because undocumented workers are less likely to file for workers’ compensation, they are the first ones to get the dangerous jobs.

Secondly, undocumented workers often feel more pressure to take any jobs they are offered. They are afraid that declining a job would put their employment or immigration status at risk. There’s also the fact that illegal workers are not unionized and the employer does not need to comply with union rules. While they can’t order a union worker to perform an overly hazardous job, they have no qualms asking an undocumented worker to do so.

Finally, there’s the language barrier. If a worker does not properly speak or understand English, they won’t understand their training. This makes them more susceptible to injury.


In one New York Court of Appeals Case, the court ruled that state labor laws apply to non-citizens and undocumented workers. Known as Balbuena vs. IDR Realty, the case set a bold precedent for illegal immigrants who work in the construction industry.

The case showed that an employer’s willingness to hire an undocumented worker makes them liable for providing workers’ compensation in the event of a worksite injury. If the worker is permanently injured and will never be able to work again, they are entitled to receive future missed wages from the employer.

The only exception is for cases in which the employee provided false documentation and the supervisor didn’t verify the documentation with the government.

Working with a Construction Accident Lawyer in NYC

New York state laws are in your favor. But that doesn’t mean you’re guaranteed to receive compensation for your accident. There’s a good chance you need to fight for compensation, and you may not be qualified to fight on your own. With the guidance of a construction accident lawyer in NYC, you can stand up to your employer.

With the money you get from workers’ compensation, you will be able to pay for your medical bills and recover missed wages. This doesn’t only help you, but helps your family as well. Rosenberg, Minc, Falkoff & Wolff, LLP knows that challenges facing undocumented construction workers with injuries. Let us help you seek compensation.

Give a personal injury lawyer in New York today at 212-344-1000 or contact us online.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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