Understanding Rights for Non-Union Construction Workers in NY
Understanding Rights for Non-Union Construction Workers in NY
Construction work keeps New York City moving, but it also places workers in danger every single day. Falls from scaffolds, electrical hazards, collapsing structures, and heavy machinery accidents leave too many hardworking people injured, out of work, and unsure of where to turn.
For non-union construction workers in NYC, that uncertainty can feel even heavier. Many injured workers are told, wrongly, that because they are non-union, paid in cash, undocumented, or working for a subcontractor, they have no legal rights.
That is not true!
New York law protects non-union construction workers, and Greenstein & Pittari, LLP fights to enforce those protections for injured workers across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
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Does Workers’ Compensation in New York cover Non-Union Construction Workers?
In most situations, yes. New York State requires nearly all employers to carry workers’ compensation insurance, and the law does not distinguish between union and non-union workers when determining eligibility.
Workers’ compensation is generally a no-fault system. You usually do not need to prove your employer did anything wrong. You must show that your injury occurred while you were performing your job duties.
Legal Rights of Non-Union Construction Workers in NYC
Non-union workers often face greater job-site risks and greater resistance after an injury. Without collective bargaining protections, many workers experience pressure not to report injuries or fear retaliation if they do.
Under New York law:
- Workers’ compensation applies regardless of union membership
- Employers may not legally retaliate against you for reporting a workplace injury
- Additional legal claims may exist when safety laws are violated
If unsafe conditions caused your injuries, you may be entitled to compensation beyond basic workers’ comp benefits.
Why Non-Union Construction Sites Are Often More Dangerous
Enforcement data consistently shows that non-union construction sites in New York City experience higher rates of serious injuries and fatalities. A primary reason is fear. Non-union workers may hesitate to report hazards or injuries due to concerns about job loss or being replaced.
When safety rules go unenforced, workers’ pay the price. New York labor laws exist to protect workers even when employers fail to prioritize safety.
Common Construction Accidents Involving Non-Union Workers
Greenstein & Pittari, LLP represents non-union construction workers injured in accidents involving:
- Falls from scaffolds, ladders, roofs, and unsecured platforms
- Electrocution from exposed wiring or overhead power lines
- Struck-by accidents involving falling tools, debris, or materials
- Heavy machinery and equipment accidents
- Building, trench, or structural collapses
- Toxic exposure to asbestos, chemicals, or industrial fumes
Many of these accidents are preventable and legally actionable under New York law.
Special Protections Under New York Labor Laws
Non-union construction workers may be protected by powerful New York statutes that allow claims beyond workers’ compensation.
Labor Law Section 240, also known as the Scaffold Law – Protects workers injured in elevation-related accidents, including falls from heights or being struck by falling objects.
Labor Law Section 241 – Requires construction sites to comply with specific state safety regulations.
Labor Law Section 200 – Covers general workplace safety and negligence.
These laws often allow injured workers to file third-party lawsuits against property owners, general contractors, or other responsible parties, regardless of union status.
What Workers’ Compensation Benefits Can Cover
Workers’ compensation benefits are designed to stabilize injured workers’ finances after a job-site accident.
Medical treatment – Coverage for reasonable and necessary care related to your injury, including emergency treatment, hospitalization, surgery, prescriptions, physical therapy, and rehabilitation.
Lost wage replacement- If you cannot work or earn less while recovering, workers’ comp may provide wage benefits. In New York, these benefits are generally based on two-thirds of your average weekly wage, subject to legal caps and disability classifications.
Death benefits – If a construction accident is fatal, workers’ compensation may provide benefits to a surviving spouse, children, or other eligible dependents.
Workers’ comp does not cover pain and suffering, emotional distress, or loss of enjoyment of life. That is why identifying third-party claims is often critical.
Retaliation for Filing Workers’ Compensation Is Illegal
Many non-union workers fear being fired or punished for reporting an injury. That fear is understandable, but retaliation is illegal under New York law.
Employers may not fire, demote, threaten, reduce hours, or otherwise punish a worker for filing or attempting to file a workers’ compensation claim. If you experience retaliation, those actions may create additional legal claims.
Document everything and speak with a lawyer before signing forms or giving recorded statements.
When Workers’ Compensation Is Not Enough: Third-Party Lawsuits
Many NYC construction sites involve multiple companies. If someone other than your direct employer caused or contributed to your injury, you may have a third-party personal injury lawsuit in addition to workers’ comp.
Potential third parties include:
- Property owners
- General contractors
- Subcontractors
- Equipment and tool manufacturers
- Vendors and delivery companies
Compensation is available in third-party construction injury lawsuits
Unlike workers’ compensation, a lawsuit may allow recovery for:
- Full past and future lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
- Future medical and rehabilitation costs
- Loss of earning capacity
These claims often make the difference between short-term survival and long-term stability.
Who Can Be Held Liable for a Non-Union Construction Accident?
Liability depends on who controlled the hazard that caused the injury. Responsible parties may include:
- Property owners who allowed unsafe conditions
- General contractors are responsible for site safety
- Subcontractors whose work created dangerous conditions
- Manufacturers of defective ladders, scaffolds, harnesses, tools, or machinery
Even if you believe you were partly at fault, New York follows comparative negligence rules. You may still recover compensation, and workers’ comp typically remains available regardless of fault.
What to Do After a Construction Site Injury in New York City
If you are able, take these steps to protect your health and your legal rights:
- Seek medical care immediately
- Report the injury to your employer in writing as soon as possible
- Photograph the scene, hazard, equipment, and injuries when safe
- Gather witness names and contact information
- Save all medical records, receipts, texts, and emails
- Avoid recorded statements before speaking with a lawyer
- Contact a NYC construction accident attorney promptly
Delays can jeopardize both workers’ compensation and third-party claims.
How Greenstein & Pittari, LLP Helps Injured Construction Workers
Non-union workers are often treated as replaceable. We do not see you that way.
Greenstein & Pittari, LLP works to:
- Secure workers’ compensation benefits while investigating third-party liability
- Identify every responsible party
- Preserve evidence and protect your claim
- Build a case that reflects the actual human impact of your injury
Free consultation. No obligation.
We represent injured construction workers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
FAQ: Workers’ Comp Rights for Non-Union Construction Workers in NYC
Do non-union construction workers qualify for workers’ compensation in New York?
Yes. Union membership is not required.
Do I have to prove negligence to get workers’ comp benefits?
No. Workers’ compensation is generally a no-fault system.
Can I sue my employer for a construction accident?
Workers’ compensation usually prevents lawsuits against your direct employer, but third-party lawsuits may still apply.
What is a third-party construction injury claim?
It is a lawsuit against someone other than your employer who contributed to your injury.
What if I am undocumented or paid in cash?
Many undocumented and cash-paid workers still have necessary legal rights. Speak with a lawyer confidentially before assuming you have no case.
What if my workers’ compensation claim is denied?
Denials are common and often challengeable with proper evidence and legal representation.
How long do I have to file a lawsuit in New York?
Many construction injury cases have a three-year deadline, but some cases have much shorter notice requirements.
How much is my construction accident case worth?
It depends on the severity of your injuries, the time you were out of work, your medical needs, and whether third-party liability exists.
Why Choose Greenstein & Pittari, LLP?
- Local Harlem office for accessibility and trust
- No fee unless we win your case
- Bilingual legal services available
- Hundreds of positive client reviews and testimonials
- We deal with insurance companies so you can focus on healing
- Top-rated and award-winning personal injury lawyers
Do Not Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462).
Greenstein & Pittari, LLP, focuses exclusively on personal injury law. We offer free consultations, work on a contingency basis, and fight for injured New Yorkers every day.
We have seven convenient New York locations, including offices in Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.
Call 1-800-VICTIM2 (1-800-842-8462) today.
The call is free. The consultation is free. You do not pay us unless we are successful.