A recent edition of the New York Law Journal featured an article written by attorneys Stephen J. Murphy and David L. Scher of the New York construction accident law firm Block O’Toole & Murphy. The article, entitled “Can Injured, Undocumented Construction Workers Recover Lost Wages?” explores the rights of undocumented workers who have suffered injuries while on the job.
In the article, Mr. Murphy and Mr. Scher discuss several notable court cases that have dealt with the issue of whether undocumented workers are entitled to lost wages after a workplace injury. They begin with a discussion of Balbuena v. IDR Realty LLC, a 2006 decision by the New York Court of Appeals that held that undocumented construction workers may be entitled to recover lost earnings as a result of workplace injuries. They also cite Coque v. Wildflower Estates Developers Inc. and Macedo v. J.D. Posillico Inc., which concluded that the workers were entitled to lost wages despite the fact that they submitted fraudulent documentation to their employers.
The article also explores the obligation of employers to properly verify their employee’s immigration status, which is mandated by the Immigration Reform and Control Act (IRCA). In order to demonstrate how this issue has played out in the courts, Mr. Murphy and Mr. Scher point to Gomez v. F&T Int'l (Flushing, NY), a case in which the employer failed to verify the immigration status of two demolition workers. They also note that federal legislative changes, such as making the act of working with documentation illegal, would have a significant impact on the rights of undocumented workers who suffer on the job injuries.
For more information about “Can Injured, Undocumented Construction Workers Recover Lost Wages?” as well as a link to download the full article, please visit http://www.blockotoole.com/lost-wages-undocumented-construction-workers.asp.
The New York construction injury attorneys at Block O’Toole & Murphy have successfully recovered numerous substantial verdicts and settlements for their clients in construction accident lawsuits. If you or a loved one has been injured on a construction site in New York, they have the knowledge and experience to fight for justice on your behalf. The firm offers a Free Consultation to all potential clients and welcomes the opportunity to discuss your case with you. Visit http://www.blockotoole.com/ to learn more about your rights and options for recovering compensation.
About Block O'Toole & Murphy
Block O'Toole & Murphy is one of the premier personal injury law firms in New York City. Their experienced team of trial lawyers is devoted to truly caring for and fighting for the rights of their clients. As with every case it handles, the firm will not rest until justice is done. If you have been injured, you can contact the experienced trial lawyers at Block O'Toole & Murphy at any time for a free consultation. Visit http://www.blockotoole.com/ or call 212-736-5300.
