New York’s undocumented immigrants support economic growth, pay taxes, and help to keep the City and its economy running as essential workers.
Undocumented workers in New York face significant challenges, however, due to their lack of legal status. They often live in the shadows and with a sense of vulnerability, fearful that they will be at risk for detainment and deportation if they’re hurt at work and file an injury claim.
The New York legal system allows individuals—regardless of their immigration status—to file a workers’ compensation claim for an on-the-job injury or illness.
With the recent influx of asylum seekers to New York seeking jobs and helping to fill crucial labor shortages, New York State and New York City have passed laws protecting the immigrant workforce, both documented and undocumented. These laws include special protections for noncitizen workers’ exercising their right to file workers’ compensation claims.
New York’s Undocumented Population
New York City is famous as a city of immigrants. The period from 2022 to 2024 has seen the latest wave in a long history of immigration to the City, with hundreds of thousands of new arrivals seeking opportunities for themselves and their families. They join a robust foreign-born population that includes both documented and undocumented immigrants.
Over 3 million immigrants, nearly 40% of the City’s population, call New York City home. Of these, about 500,000 are undocumented immigrants, according to the City Comptroller. The American Immigration Council puts this number slightly higher, at 600,000 undocumented New Yorkers.
Economic Contributions of Undocumented Immigrants to New York
Despite making up just 37% of the total New York City population, immigrants comprise 44% of the City’s labor force, including 63% of its construction workers.
The Center for Migration Studies of New York (CMS) estimates that 41% of the immigrant construction workforce is undocumented.
Undocumented immigrants have a higher labor force participation rate than the NYC average. More than three-quarters of undocumented immigrants 16 and older are in the labor force citywide, and they make up an estimated 7% of the City’s total workers.
Statewide, immigrant workers account for 27% of the New York workforce. Undocumented New Yorkers make up 15% of the total immigrant workforce. In addition to construction laborers, the top occupations among the undocumented labor force includes:
- Maids and housekeepers
- Cooks and food prep workers
- Home health aides
- Janitors and building cleaners
- Drivers/sales workers and truck drivers (including food delivery drivers and e-bike riders)
- Carpenters
- Cashiers
- Retail workers
- Waiters and waitresses
- Taxi drivers
- Landscaping and groundskeeping workers
Undocumented immigrants are heavily concentrated in the service and construction occupations. They comprise 25% or more of all construction laborers and painters/paper hangers, dishwashers and cooks, and maids and housekeepers/cleaners.
Many of the jobs most frequently held by undocumented immigrant New Yorkers are in high growth occupations, and 70% of the state’s undocumented labor force consists of essential workers, such as those who work in restaurants, grocery stores, construction, healthcare, and transportation.
These immigrants make substantial contributions to the U.S. and New York economies. In 2022, New York’s undocumented immigrants paid $3.6 billion in taxes. Roughly $1.5 billion of this amount was paid to New York as state and local taxes.
Undocumented Workers at Heightened Risk of Injury and Exploitation
Despite the economic contributions of unauthorized immigrants in New York, this segment of the population is vulnerable to workplace exploitation because they are often hesitant to report injuries, speak out on behalf of fellow workers injured on the job, or cooperate in investigations of their employers for fear of potential consequences if they do, states the New York State Workers’ Compensation Board.
Research shows that immigrant workers suffer more workplace fatalities and injuries than native-born workers. Immigrants, in particular those without legal status, may end up in riskier jobs because they have few alternatives. They may be more willing to perform tasks with higher risks and less likely to decline such tasks for fear of losing their jobs.
Research has found that undocumented immigrants, overrepresented in industries like agriculture, cleaning, construction, and food preparation, are more likely than legal immigrants to experience dangerous working conditions.
Many unauthorized workers are also in economically precarious situations, with a poverty rate (28.8%) higher than any other population segment and median annual earnings of just $25,300, according to a report from the NYC Mayor’s Office for Economic Opportunity.
Other studies show that workers who lack immigration status are disproportionately exploited in the form of wage theft and underpayment. A survey (Broken Laws, Unprotected Workers) focused on low-wage industries in New York, Chicago, and L.A. found that 37% of undocumented immigrant workers were paid less than minimum wage and 85% were not receiving overtime pay.
Although many have been in the country for years, undocumented immigrants remain in a legal gray area, subject to abuse from employers who use the threat of deportation to keep workers compliant in an underground economy where exploitation and danger are commonplace and wages are often substandard.
The construction industry is one of the most dangerous in New York, and it’s especially dangerous for Latinx and immigrant workers. In 2021—a year when immigrants comprised a larger share of the construction workforce than any other industry in New York City—Latinx workers made up 10% of New York State’s construction workforce but accounted for 25.5% of worker fatalities.
NYCOSH reports about construction worker fatalities in New York have consistently found that immigrant workers are exploited by employers that willfully violate workplace safety and health protections. Immigrant workers are less likely to report violations out of fear of retaliation from employers and government agencies, says NYCOSH.
Undocumented Worker Rights and Protections
Workplace injuries are a common concern for undocumented immigrants, particularly those working in industries such as construction, agriculture, and manufacturing, where the risk of injury is high.
Undocumented workers have rights and protections under the law. The National Labor Relations Board (NLRB), the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the Occupational Safety and Health Administration (OSHA) enforce workplace protections without regard to immigration status. Undocumented workers are entitled to minimum wage, overtime pay, breaks and tips, and are protected under health, safety, and anti-discrimination laws as well.
Undocumented immigrants who are injured on the job also have the right to file for workers’ compensation benefits. These benefits cover medical expenses and provide a portion of the worker’s lost wages during their recovery period.
New York law prohibits employers from retaliating against workers who file for workers’ compensation benefits. This protection applies to all workers—native born and foreign born, documented and undocumented.
In addition, undocumented immigrants employed in construction are entitled to the legal protections of New York State Labor Laws. Labor Laws 200, 240, 241 hold construction owners, property owners, and general contractors responsible for construction site safety and give construction workers the right to sue an employer or contractor for construction site injuries caused by negligence.
New York Laws Protect Undocumented Workers
New York is a national leader in passing laws that protect undocumented workers’ rights.
Governor Kathy Hochul signed legislation in 2021 protecting undocumented immigrants from threats to report their immigration status. If an employer threatens to report an undocumented worker to immigration authorities in retaliation for filing a claim, these threats can be treated as a crime and result in prosecution.
Hochul announced in July 2023 that the New York State Department of Labor is working with undocumented workers to receive temporary protection from prosecution and potential deportation—and to gain the ability to work legally in the U.S.—if the worker is involved in a NYSDOL investigation for reporting unscrupulous employment practices.
The partnership is a joint effort of NYSDOL and the Department of Homeland Security to enforce a federal program known as deferred action that allows undocumented immigrants exploited in the workplace, or who are involved in law enforcement investigations related to workplace violations, to apply for protections from deportation. That protection even lets them apply for legal work permits and Social Security numbers.
In 2024, the NYS Workers’ Compensation Board joined the wider state effort to shield noncitizen workers from retaliation and deportation during labor disputes. The Board said it will work with undocumented workers who file workers’ compensation claims to make sure their employers do not use immigration status as a tool for retaliation against them when they exercise their legal rights.
And as of July 1, 2024, NYC employers are required to provide the City’s Workers’ Bill of Rights to employees, post it in a visible and accessible workplace location, and in some cases to make the information available online.
The Workers’ Bill of Rights is considered a victory for immigrant workers. Passed by the NYC City Council in November 2023 and released in March 2024, it details the rights and protections guaranteed to workers under federal, state, and local laws, regardless of their immigration status.
Legal Resources for Undocumented Workers in New York
Undocumented New Yorkers facing a workers’ compensation claim or labor dispute can find more information about their legal rights at the links below:
- Workers’ Bill of Rights
- Immigrant Workers: Know Your Rights – NYC Mayor’s Office of Immigrant Affairs
- Worker Rights – NYC Consumer and Worker Protection
- Immigrant Workers – NYC Consumer and Worker Protection
- Your Rights at Work (QR code link to multilingual online publication)
- Ask a Question About Your Rights at Work
- File a Workers’ Rights Complaint
- Community Resources for Immigrant New Yorkers
- New York Public Library Immigrant Services
- Learn About Workers’ Compensation
- Get Help From an Attorney Filing a Workers’ Compensation Claim
PainInjuryLaw makes it easy for all New Yorkers to file an injury claim right from their device. Our workers’ compensation legal services are available in multiple languages, including Spanish, Chinese, Russian, Punjabi, Hindi, Turkish, Korean, Urdu, and Gujarati.