Day Worker Holding His Back in PainConstruction firms often hire “day laborers” to complete projects that are falling behind or require more workers than the employer is willing to hire. These temporary workers offer a cheap alternative for companies trying to minimize their costs, as they may be hired at a low rate through a temp agency or simply offered cash for their labor. Since they may not be represented by unions or officially recognized as employees, day laborers often have trouble getting paid after an on-the-job injury.

3 Ways Day Laborers Can Seek Payment for a Construction Injury

State and federal laws require most employers to pay for medical treatment, lost wages, vocational rehabilitation, and survivor benefits if a worker is hurt or killed on the job. However, these laws are complicated and contain exceptions based on the relationship between the worker and the employer.

For example, a day laborer may be able to get payment for a construction injury through: 

  • Workers’ compensation. While day laborers may not be covered by the construction company’s workers’ compensation insurance, they may be owed workers’ compensation from the employment firm or temp agency that provided them with the job.
  • NY Labor Laws. Employers have certain duties that apply to every construction worker on a project in New York City. If the employer or site owner has violated these statutes, a worker can be owed payment for the injuries caused by the violation.
  • An injury lawsuit. If a laborer is not eligible for workers’ compensation, it means that he or she is also not prohibited from filing a lawsuit against the person or company that caused the injury. 

If you have been injured on a New York City construction site, our attorneys can get you the compensation you are owed—and we do not collect any fees until after your case is won. Simply fill out our quick online contact form or call (800) 362-9329 to speak with a personal injury lawyer at Hofmann & Schweitzer today, or read through our FREE brochure, Hurt in a Construction Accident? You’re Not Alone.


Timothy F. Schweitzer
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Personal injury lawyer specializing in maritime, construction and railroad injury claims.
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