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Things day laborers are often told that are not true:
“You can’t sue if you’re undocumented.” Not true. New York law specifically protects undocumented construction workers’ rights to bring Labor Law claims and recover full damages.
“You can’t sue if you were paid in cash.” Not true. The form of payment doesn’t affect your rights.
“Your employer will report you to immigration.” Illegal retaliation. We do not communicate with immigration authorities about our clients. Period.
“You don’t have a case if you weren’t really an ’employee.’” Day laborers and independent contractors all have rights under New York’s Labor Law when injured doing covered construction work.
Common injury patterns: falls from height, struck-by-falling-objects, electrocution, crush injuries, lacerations and amputations, toxic exposure, heat illness, slip and fall injuries. Many trigger §240, §241(6), and §200 simultaneously.
Your rights: recover compensation regardless of immigration status, receive medical treatment, pursue a third-party Labor Law case against the property owner and general contractor even if your direct employer is untraceable, be free from retaliation, have your information protected.
The §240 and §241(6) defendants are typically not your direct employer — they are the property owner and the general contractor. We have represented many day laborers whose direct employer vanished after the accident. The case proceeded against the GC and owner.
Damages: past medical bills, future medical care, lost wages, future lost earning capacity, pain and suffering, loss of consortium. For a 32-year-old laborer earning $50,000-$70,000 per year who can’t return to construction, the present value of lost future earnings can run well into seven figures.
Prior results do not guarantee a similar outcome.
In a typical negligence case, the defense will argue your case down with comparative-fault arguments — that you weren’t paying attention, that you took a shortcut, that you should have known better. Under §240, those arguments generally cannot defeat the claim. That is why §240 cases tend to settle higher and earlier than negligence-only construction cases.
If you were hurt on a New York construction site, call us today.