Every day, undocumented immigrants show up to some of the most dangerous jobs in America—particularly in construction. They work hard, often without health insurance or safety guarantees, and put their lives at risk to build homes, offices, and roads across the country. 

But what happens when an undocumented worker is injured on the job? 

Too often, fear silences them. Fear of losing their job, being reported to immigration authorities, or being told they don’t have rights because of their immigration status. These fears are understandable—but they are not the legal reality.

In most states, including New York, undocumented workers are entitled to workers’ compensation and may even have the right to file personal injury lawsuits in some cases. This article explains your rights, the protections available, and why it’s crucial to seek legal help if you’ve been injured on a construction site—regardless of your immigration status.

Undocumented, Injured, and Afraid: A Common Crisis

When an undocumented worker is hurt on a job site, the first reaction is often fear, not pain. Many workers don’t report their injury at all because they’re afraid of:

• Being fired,
• Getting deported,
• Being denied medical treatment,
• Or being told they don’t qualify for benefits.

Employers may even intimidate injured workers by threatening to report them to ICE or denying that the injury happened at work. This illegal behavior should not go unchallenged.

Here’s what the law actually says.

Workers’ Compensation: Your Right to Benefits—Even Without Papers

In New York State, and in most states across the U.S., undocumented workers are legally entitled to workers’ compensation if they are injured while doing their job.

What Is Workers’ Compensation?

Workers’ compensation is a state-run system that provides medical and financial benefits to workers who are injured on the job, regardless of fault. It typically covers:

• Medical treatment (hospital visits, surgery, medications, rehab),
• Wage replacement if you can’t work temporarily,
• Permanent disability payments if your injury leads to long-term impairment,
• Vocational training if you need to change jobs due to injury.

Undocumented workers have the same right to apply for these benefits as U.S. citizens and green card holders.

Legal Precedent:

Courts in New York and other states have repeatedly ruled that immigration status cannot be used to deny workers’ compensation. Case law such as Balbuena v. IDR Realty affirms that undocumented workers are covered under labor laws and deserve compensation for work-related injuries.

Challenges and Employer Intimidation

Even though the law is clear, many undocumented workers face obstacles when they try to claim their rights:

• Employers may lie, saying you’re not covered.
• They may refuse to file a report or tell you not to seek medical care.
• Some will threaten you with immigration consequences.

But filing a workers’ compensation claim does not involve ICE. You are not required to disclose your immigration status to file a claim or receive benefits. Your focus should be on getting medical care and legal help—not fearing deportation.

When Can You File a Personal Injury Lawsuit?

Workers’ compensation typically bars employees from suing their employer directly for workplace injuries. However, there are exceptions—especially common on construction sites where multiple contractors, subcontractors, or equipment providers are involved.

You may have a valid personal injury lawsuit if:

• A third party (not your employer) caused your injury,
• Your injury was due to unsafe machinery or defective equipment,
• You were hurt because of gross negligence, such as safety violations.

In these cases, you may be entitled to additional damages, including:

• Pain and suffering (not covered by workers’ comp),
• Loss of future earnings,
• Punitive damages in extreme cases.

Personal injury lawsuits are separate from workers’ comp and can offer substantial compensation if someone else’s actions caused your injury.

Why Legal Status Doesn’t Strip You of Legal Protections

Some employers rely on the assumption that undocumented workers won’t fight back—but courts have been clear: immigration status does not eliminate your rights as a worker.

• You have the right to a safe workplace.
• You have the right to report an injury and receive medical treatment.
• You have the right to be represented by an attorney.
• You have the right to pursue compensation—in court or through the workers’ comp system.

The Human Cost: Why These Rights Matter for Everyone

Construction work is one of the most dangerous industries in America. And undocumented immigrants are often assigned the riskiest tasks with the least protection.

They build the buildings we live in, fix the roads we drive on, and repair the infrastructure we depend on—all while lacking the basic security of legal status. When these workers are injured, ignoring their suffering is not just a legal failure—it’s a moral one.

Protecting undocumented workers protects all workers. When employers are held accountable for safety violations and workplace injuries, job sites become safer for everyone.

Take Action: Get the Legal Help You Deserve

If you or a loved one has been injured on a construction site and you are undocumented, do not suffer in silence. You are entitled to rights, benefits, and protection under the law. But you must act quickly—workers’ comp claims and lawsuits have strict deadlines.

The attorneys at Figeroux & Associates, located at 26 Court Street, Suite 701, Brooklyn, NY 11242, have years of experience helping injured immigrants—documented and undocumented—fight for justice.

We can help you:

• File a workers’ compensation claim
• Explore personal injury lawsuits
• Protect your privacy and immigration status
• Get the medical care and financial relief you need

Call 855-768-8845
Visit www.askthelawyer.us

Final Thoughts: You Work Hard. You Deserve Justice.

Being undocumented should never mean being unprotected. If you’ve been injured at work—especially on a dangerous construction site—you have the right to healing, compensation, and dignity.

Don’t let fear keep you from standing up for yourself. Let Figeroux & Associates help you take the first step toward justice.

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