Undocumented
Worker Rights
Your immigration status does not affect your right to compensation under New York Labor Law. Undocumented workers have full protection under the Scaffold Law.
You have rights. Your status does not matter.
Your Rights as an Undocumented Worker
Full Protection Under Labor Law 240
The Scaffold Law protects ALL workers regardless of immigration status. Undocumented workers have the same right to sue for injuries as any other worker.
Cannot Be Used Against You
In most cases, your immigration status cannot be raised in court or used to reduce your damages. Courts have ruled this is irrelevant to your injury claim.
Workers' Compensation Rights
Undocumented workers are entitled to workers' compensation benefits in New York. Your employer cannot deny you benefits based on immigration status.
Protection from Retaliation
It is illegal for employers to threaten to report workers to immigration authorities in retaliation for filing a claim or lawsuit.
Lost Wages Recovery
You can recover lost wages even if you were paid off the books. Courts look at actual earnings, not just documented income.
Confidentiality
Your attorney has a duty to keep your information confidential. Your immigration status is protected under attorney-client privilege.
Common Questions
Can I file a lawsuit if I'm undocumented?
Yes. New York law does not require immigration status to file a lawsuit. Undocumented workers have successfully recovered millions of dollars in construction accident cases.
Will ICE find out if I file a claim?
Your attorney is bound by confidentiality rules and cannot disclose your immigration status. Civil courts do not share information with immigration authorities.
Can the defendant use my status against me?
In most cases, no. Courts have consistently ruled that immigration status is not relevant to whether a worker was injured and deserves compensation.
What if I was paid in cash?
You can still recover lost wages. Your attorney can use pay stubs, tax returns, or testimony about your typical earnings to prove your losses.
Will filing a claim affect my immigration case?
Filing a personal injury lawsuit should not affect pending immigration matters. However, consult with an immigration attorney about your specific situation.
¿Habla Español?
Entendemos que muchos trabajadores de construcción hablan español. Nuestra red incluye abogados que hablan español y pueden ayudarle con su caso.
We understand that many construction workers speak Spanish. Our network includes Spanish-speaking attorneys who can help with your case.
You Deserve Compensation
Your immigration status will be kept confidential. Get a free case evaluation today.