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Your Legal Status Doesn't Matter

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If You've Been Hurt In An Accident Your Legal Status Does Not Matter

Even if you are undocumented, if you have been injured on the job you are entitled to Workers’ Compensation, and in many cases a separate law suit for personal injuries.

Undocumented Construction Worker Accidents in New York City

You may believe you are out of luck if you are an undocumented worker and suffered injuries on a construction site. Even if you are undocumented, if you have been injured on the job you are entitled to Workers’ Compensation, and in many cases a separate law suit for personal injuries.

Your legal status does not matter when recovering compensation for a work injury.

Undocumented construction workers have the same rights as anyone who suffers a workplace injury. If you are an undocumented worker who suffered injuries on a construction site, Oresky & Associates, PLLC is here to help. Our bilingual staff members can help you to feel comfortable while you receive a free consultation.

New York State Laws Support Your Right to Compensation

Under New York State law, undocumented workers have the same rights to injury compensation as U.S. citizens or lawfully present immigrants. In fact, you still have the right to compensation even if you worked under an alias. A 2017 ruling from the New York State Appellate Division, Second Department confirmed this.

You have a right to workers’ compensation benefits and to file a lawsuit for personal injury.

We will review your case and can help you understand your legal options to get the compensation you need to cover costs associated with your workplace injury. If you suffered injuries in a fall at work — especially if you fell from scaffolding or a ladder and your employer failed to provide proper fall protection equipment — you probably have the right to hold the property owner or general contractor liable for the damages you suffered.

Our Team Can Start Working for You from the Moment You Call

When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.

  • Free Case Evaluation: call our office, send us an email, or chat with us online to receive a free case evaluation.
  • Get Signed Up: after your free case review, we can set up your client profile and gather any information you already have.
  • Start Your Recovery: we can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.
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Recoverable Damages Available After a New York City Construction Site Accident

Regardless of your legal status, all workers are entitled to workers’ compensation benefits if they get hurt on the job in New York City. The State Workers’ Compensation program provides benefits that cover:

  • Your medical bills
  • A portion of your lost wages
  • Funeral or burial expenses, if the worker dies in the accident

However, these benefits are usually not enough to cover all of a worker’s losses and expenses related to getting treatment, missing work, and suffering a painful injury. This is where New York Labor Law Section 240(1) comes in. Under this law, construction workers may be able to hold the property owner or a contractor liable for their injuries by filing a lawsuit in civil court.

If we pursue this civil remedy for you and win your case, you may be eligible for a wide range of damages in addition to what you have received from workers’ compensation. The exact value of your case will depend on the severity of your injuries and the actual damages you suffered. However, some of the most common types of damages available may include:

  • Additional compensation for medical expenses
  • Rehabilitation and therapy costs
  • Ongoing care costs
  • Additional lost wages
  • Lost Benefits
  • Out-of-pocket costs
  • Pain and suffering damages

Contact a New York Accident Lawyer for a Free Consultation

To learn more about how a construction accident attorney at Oresky & Associates can protect your rights, call us today to arrange a free case review. We’re available 24/7 to come to your aid.

Free Consultation

Meeting the Requirements for Compensation After an NYC Construction Accident

In general, there are two ways to get compensation after an NYC construction site accident:

  • Workers’ compensation; and
  • Filing a third-party claim in civil court

Neither of these require you to prove citizenship, legal residency, or provide any other type of documentation of your legal status. For workers’ compensation, you will need to show:

  • You were working for an employer; and
  • You suffered injuries while working

It is a little harder to qualify to hold a property owner or contractor — liable for your injuries. However, we can review your case and help you collect the necessary evidence. In general, if we can show they violated any of the strict protections provided by state and federal law to keep workers safe (and that violation caused your injury), we can file a civil suit and try to hold them liable.

For example, imagine you suffered injuries when poorly-maintained scaffolding fell. You were not using any fall protection equipment because your employer did not provide it. Under New York’s Labor Law we can hold the general contractor and commercial owner liable for your injuries and related damages because they have a legal obligation to provide you with the proper equipment to keep you safe.

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Undocumented Construction Worker Accident Cases

Our team knows the state and federal laws that offer strong protections for the city’s construction workers inside and out. We will help you understand them and the rights they afford you if you suffered injuries in an accident at work. We provide vigorous advocacy against owners and contractors who deny culpability and liability in injury accidents.

Our bilingual staff members are standing by, ready to help you and our accident law firm protect you and your right to compensation.

If we review your case and believe you have the right to hold the property owner or contractor responsible, we will:

  • Help you understand your options for compensation
  • Investigate your accident and determine liability
  • Gather evidence to build a strong case
  • Handle your case on a contingency basis

No case is too complex for our team. Give us a call and let us evaluate your situation for a free consultation. You have nothing to lose.

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    Oresky & Associates — The Best Choice to Handle Your Claim

    Our firm is known throughout New York for successfully overseeing construction accident claims. We bring more than three decades of experience to the table and have secured substantial verdicts and settlements.

    We pride ourselves on delivering not just effective legal solutions but also personalized attention and care to each client, ensuring that you remain in the know throughout the process. To us, you aren’t just a case number — you’re a person who deserves justice for their injury.

    Free Initial Consultation

    We offer a no-cost, no-obligation initial consultation on all cases. Our talented legal team is ready to discuss the details of your accident, offering professional advice and assessing the strengths of your claim with years of experience backing us.

    Around-the-Clock Availability

    We understand that legal emergencies in the Bronx don’t always happen during regular business hours. That’s why our dedicated professionals are available 24/7 to provide you with support, guidance, and advocacy whenever you need it, day or night.

    Legal Status Doesn’t Matter

    At Oresky & Associates, we firmly believe in equal justice for all, regardless of legal status or background. Our commitment to your interests won’t waver, and we’ll strive to ensure that you receive the very best representation we can offer without regard to your immigration status.

    No Fee Unless We Win

    To make sure you can get the legal services you need regardless of your circumstances, we operate on a contingency fee basis, which means we don’t get paid unless we win your case. We’re dedicated to getting you a favorable outcome without any upfront financial burden.

    Meet Our New York Personal Injury Attorneys

    I am so appreciative of Oresky and Associates! They are professional, knowledgeable and always responsive to all of my calls. They made me feel very comfortable with each step of the process and worked hard to achieve the best outcome. I couldn’t be happier and will always highly recommend!

    Cristina Martínez Quevedo

    Excellent law firm. Steven Labell, a highly skilled attorney at the firm is a dedicated advocate for his clients. I highly recommend their services.

    Steven Eisner

    Oresky is a great attorney who really listens and helps his clients. I have referred to multiple family members and friends and everyone has been very happy with their services. His staff is knowledgeable and caring. If you've suffered and accident don't hesitate, call Oresky.


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    Talk to a Construction Worker Injury Lawyer in New York City

    Attorney Jacob Oresky and the team from Oresky & Associates, PLLC can help you understand your legal rights after a New York construction site injury, regardless of your status. We can explain the legal remedies available to you above and beyond workers’ compensation, and help you pursue the compensation we believe you deserve.

    We represent injured workers in the Bronx, Queens, Brooklyn, and all of New York City as well as on Long Island. Call us today at (718) 993-9999 to schedule your complimentary consultation.

    * Communication through our website does not establish an attorney-client relationship between you and Oresky & Associates, PLLC

    Average Response Time is 24 hours

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