Some of the workers most exposed to dangerous conditions — day laborers, non-union crews, and immigrant workers — are the ones most often told they have no rights. That's wrong. New York's Labor Law protections apply to all construction workers, and courts have allowed injured workers to bring claims regardless of immigration status. You can pursue both workers' compensation and a third-party case.
The free Accident Answer Engine walks through your situation and shows the legal issues, deadlines, and next steps that fit it. Open the Answer Engine →
How New York law applies
- Protections apply to everyone. § 240, § 241(6], and § 200 cover union and non-union workers alike, including day laborers.
- Status is not a bar. New York courts have permitted injured workers to pursue these claims regardless of documentation status.
- Comp may be available too. Many workers are entitled to workers' compensation even when paid off the books — the facts matter, and it's worth checking.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The property owner
- The general contractor
- The subcontractor that hired you
- An equipment manufacturer
- An employer (for workers' compensation, where it applies)
Deadlines that matter
A third-party construction case generally must be filed within three years, and a related wrongful-death claim within two years. Public projects can shorten these windows. Just as important, job sites change quickly — equipment and witnesses disappear — so prompt documentation matters.
What to do now
- Report the injury to your employer or supervisor in writing the same day, and start a workers' compensation claim to protect your benefits.
- Get medical care immediately and tell the provider exactly how the injury happened on the job.
- Write down which contractors were on site, what equipment was involved, and any safety device that was missing, broken, or not provided.
- Identify co-workers who saw what happened — job sites change fast and witnesses move on.
- Photograph the location, the equipment, and the conditions if you safely can.
Mistakes to avoid
A good case can be undercut in the first days. Watch for these:
- Assuming workers' compensation is your only option — a separate third-party case against a contractor, owner, or equipment maker is often available and can recover far more.
- Letting the job site get cleaned up or repaired before the conditions are documented.
- Giving a recorded statement to the site's insurer or signing forms you don't understand.
- Waiting to act — memories fade, workers leave, and key deadlines can be short.
What affects your case's value
No one can responsibly promise a number before reviewing your records. These are the factors that actually move it:
- Injury severity and permanence
- Whether a Labor Law section applies
- Lost earnings and future care
- Available project insurance
- Strength of witnesses and documentation
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
I'm undocumented. Can I really make a claim?
Yes. New York courts have allowed injured workers to pursue Labor Law claims regardless of immigration status. Your information is handled confidentially in a consultation.
I was paid in cash with no union. Do I have rights?
Yes. The Labor Law protects non-union workers and day laborers, and you may also be entitled to workers' compensation even if you were paid off the books.
Who do I make a claim against?
Typically the owner and general contractor who controlled the site — not necessarily the person who handed you cash.
What if my employer threatens me for reporting?
Retaliation for pursuing an injury claim is itself a serious problem. Document it and raise it during a consultation.