Retaliation After a Construction Injury: What Undocumented Workers Should Know

Retaliation After a Construction Injury: What Undocumented Workers Should Know

New York labor laws provide strong protections for all construction workers, regardless of immigration status. Under state and federal law, employers cannot retaliate against workers for reporting a workplace injury or filing a workers' compensation claim. This means that undocumented workers have the right to seek medical treatment, report safety violations, and pursue compensation without fear of immediate deportation or job loss.

Laws that Protect the Rights of Undocumented Workers in New York

New York Labor Law Section 240 and 241

New York Labor Laws provide strong protections for construction workers, including those who are undocumented. Sections 240 and 241, commonly known as the Scaffold Law, impose strict liability on property owners and contractors for injuries resulting from falls or unsafe conditions on construction sites. These laws allow injured workers to file lawsuits and seek compensation even if they are undocumented. Because liability under these laws is strict, employers and site owners cannot argue that a worker’s immigration status negates their right to compensation.

Workers' Compensation Benefits

New York law guarantees that all workers, regardless of immigration status, are entitled to workers' compensation benefits if they are injured on the job. These benefits cover medical expenses, lost wages, and rehabilitation costs. Employers are required to carry workers' compensation insurance, and they cannot deny benefits based on a worker’s undocumented status. If an employer attempts to avoid paying benefits or pressures an injured worker into not filing a claim, they may be held legally accountable.

OSHA Whistleblower Protections

The Occupational Safety and Health Administration (OSHA) enforces federal workplace safety laws, ensuring that construction sites follow proper regulations. OSHA also has strict whistleblower protections that prohibit employers from retaliating against workers who report unsafe conditions. This means that even if an undocumented worker files a safety complaint, their employer cannot legally threaten, fire, or discriminate against them. Filing an OSHA complaint can help improve workplace safety while protecting the injured worker’s rights.

Anti-Retaliation Laws

New York has strong anti-retaliation laws that prevent employers from taking adverse actions against workers who exercise their legal rights. An employer cannot fire, demote, harass, or otherwise punish a worker for filing a workers' compensation claim, reporting an injury, or pursuing legal action under New York Labor Laws. If an employer retaliates against an undocumented worker for asserting their rights, the worker may have grounds for a legal claim, which could result in additional compensation for lost wages and emotional distress.

Undocumented workers should not fear reporting unsafe conditions or pursuing compensation after a workplace injury. New York law is clear that all workers, regardless of immigration status, have the right to a safe workplace and fair compensation for injuries.

What Retaliation Looks Like After a Construction Injury 

Retaliation can take many forms, some of which may be subtle or difficult to prove. However, knowing the common tactics employers use can help undocumented workers identify and document illegal behavior.

• Wrongful Termination – If an employer fires an injured worker after they file a claim or report an unsafe condition, it may be a violation of anti-retaliation laws.
• Threats of Deportation – Some employers attempt to intimidate undocumented workers by threatening to report their immigration status to authorities.
• Wage Theft – Retaliation can also involve withholding wages, reducing hours, or paying less than the agreed rate.
• Intimidation or Harassment – Employers may create a hostile work environment to pressure an injured worker into quitting.
• Failure to Rehire – If a worker is terminated and later denied re-employment for reporting an injury, this could be considered retaliation.

How Undocumented Workers Can Protect Themselves 

Undocumented workers should take proactive steps to protect their rights and build a strong case if they experience retaliation.

• Document Everything – Keep records of work schedules, pay stubs, injury reports, and any communication with supervisors or HR representatives.
• Seek Legal Representation – An experienced construction accident lawyer can help undocumented workers navigate the legal system and protect their rights.
• Report Retaliation to Authorities – Workers can file a complaint with OSHA or the New York State Department of Labor if they experience retaliation.
• Avoid Signing Unverified Documents – Employers may try to pressure workers into signing waivers or agreements that limit their ability to pursue legal action.
• Obtain Witness Testimony – Coworkers who witnessed the injury or retaliation can provide valuable testimony to support a claim.

The Role of Workers’ Compensation for Undocumented Workers 

Workers’ compensation is an important protection for all construction workers, including those without legal immigration status. In New York, undocumented workers are entitled to the same workers’ compensation benefits as documented employees.

• Medical Treatment Coverage – Injured workers can receive medical care for work-related injuries, regardless of immigration status.
• Lost Wages Compensation – Workers can receive a portion of their lost wages if their injury prevents them from working.
• Permanent Disability Benefits – If an injury results in permanent impairment, workers may qualify for long-term compensation.
• Death Benefits for Families – If a construction worker dies on the job, their family may be entitled to compensation, even if the worker was undocumented.

Can an Employer Use Immigration Status Against an Injured Worker? 

Employers may attempt to use a worker’s undocumented status to avoid liability or discourage claims, but the law does not permit them to do so.

• Legal Precedents – Courts in New York have ruled that immigration status is irrelevant to a worker’s right to file injury claims or receive compensation.
• Employer Liability – Employers can face legal consequences for attempting to use immigration status to avoid paying benefits or damages.
• Attorney-Client Privilege – Conversations with a lawyer are confidential, meaning undocumented workers can seek legal advice without fear of exposure.

What to Do If You Experience Retaliation 

If an undocumented construction worker faces retaliation after reporting an injury, they should take the following steps:

• Consult a Lawyer Immediately – An experienced construction injury attorney can advise on legal options and how to proceed.
• File a Complaint with OSHA – OSHA has whistleblower protections in place for workers who experience retaliation.
• Report the Employer to the New York Department of Labor – Employers who retaliate against workers may be subject to penalties and legal action.
• Continue Documenting Incidents – Keep a record of any further retaliatory actions or threats.
• Seek Support from Workers’ Rights Organizations – Various advocacy groups in New York offer legal and financial assistance to undocumented workers.

Why Choosing the Right Lawyer Matters 

Undocumented workers facing retaliation need a lawyer who understands both labor law and immigration concerns. A strong legal advocate can help workers recover compensation while protecting them from employer threats and intimidation.

• Experience in Construction Injury Cases – A lawyer familiar with New York construction laws can build a strong case against negligent employers.
• Protection Against Retaliation – Legal representation ensures that workers are protected from unlawful retaliation.
• Maximizing Compensation – An experienced lawyer can fight for the full compensation a worker is entitled to, including lost wages, medical expenses, and pain and suffering.

Get Our Top-Rated NYC Construction Accident Attorney on Your Side

If you have suffered injuries in a construction accident, you need a relentless advocate who won’t back down under pressure from powerful defendants and their insurance companies. Michael S. Lamonsoff, widely recognized as “The Bull,” has built one of the most formidable construction accident law firms in New York by aggressively fighting for injured workers. 

With over 1,400 five-star reviews and a reputation for achieving record-breaking settlements, he has proven time and again that he knows how to take on large insurance companies and win. His no-holds-barred, trial-ready approach forces negligent parties to pay what injured workers truly need. If you or a loved one has been injured on a construction site, don’t settle for less—reach out to The Law Offices of Michael S. Lamonsoff today and let “The Bull” fight for you. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.