Day Laborer vs. Contractor: A $200,000 Settlement — NYCOMPLAW

In the fall of 2014, a day laborer from Inwood, NY, went to a Home Depot in nearby Valley Stream to look for work. There, he met a contractor from a home renovation company who needed workers to clean up a mess another subcontractor had left at a job site not far away. The day laborer accepted the job of clearing construction debris and went with the contractor to the site to do the work as described.

When they arrived at the site, where contractors had already been working for several months, the day laborer began clearing construction debris as directed. Because the renovation involved several contractors and trades, the site was crowded with pipes, wiring, and exposed cable, which made the cleanup difficult. Early in the day, while making his way through the remaining debris, the laborer fell more than 10 feet from a scaffold.

The injured worker was rushed to a nearby emergency room for treatment. He suffered severe injuries to his head, neck, back, right shoulder, and left arm, as well as a spinal cord injury and a neurogenic bladder caused by nerve damage. He faced a very long recovery, and an even longer road back to stability and the ability to work again.

Confined to a hospital bed and then a rehabilitation unit, unable to move, needing around-the-clock care, and facing hundreds of thousands of dollars in medical bills, the out-of-work laborer fell into a depression. With no family nearby and a negligent contractor dodging responsibility, he turned to his brother, who lived across the country in California.

The injured worker now needed outpatient rehabilitation, numerous surgeries, and ongoing medical treatment, and he was left to face the expenses on his own. When he reached out to the contractor who had verbally hired him on the spot, the contractor denied ever hiring him, claiming he had never employed anyone but himself. This is a common scheme to avoid paying workers’ compensation insurance premiums, and it leaves workers at risk and unprotected when they are injured on the job.

His brother quickly began researching attorneys who might take on the case. With his brother’s guidance and support, the injured laborer was able to get legal advice and was referred to NYCOMPLAW, work injury attorneys who have represented workers throughout New York for over 70 years.

These key facts helped prove our client’s claim that he was working as an employee, under the contractor’s direction, on the renovation where he was injured:

Offer of work: The contractor needed a worker to clear debris from his job site, so he went to the nearest Home Depot and offered the job to day laborers looking for work.

Acceptance: The contractor and the day laborer (our client) discussed the job’s responsibilities and pay, and our client verbally agreed to the contractor’s terms.

Consideration: The contractor agreed to pay the laborer for his work, establishing an employer–employee relationship.

Performance: The contractor drove the laborer to the construction site, where the laborer cleared debris as the contractor directed.

By denying liability, the contractor was counting on the fact that most day laborers who need work don’t know their rights to medical treatment and compensation after a work injury. This happens all too often, especially in blue-collar industries such as construction, masonry, and landscaping. It’s important to know that workers in New York have strong legal protections, including those under the New York Labor Law and the Workers’ Compensation Law.

Enacted to stop construction companies and contractors from misclassifying workers as independent contractors when they are legally employees.

Its primary purpose is to protect construction workers from being denied legally required employment benefits and protections simply because a contractor labels them a subcontractor, independent contractor, or day laborer.

Our attorneys and staff have the experience and resources to protect our clients’ futures, even in the worst circumstances. We quickly stepped in and filed a claim with the Workers’ Compensation Board. Because the contractor falsely claimed to be his business’s only employee, he had avoided the requirement to carry workers’ compensation insurance. When no insurance policy is in place, our Claims Department prepares the documentation and evidence needed to file an uninsured claim:

A safety net administered by the NYS Workers’ Compensation Board and created under Section 26-a of the Workers’ Compensation Law (WCL). It pays benefits to injured workers whose employers failed to carry the required workers’ compensation insurance.

The UEF can pay an injured worker’s medical bills and lost-wage benefits, and the State then pursues the employer for repayment and penalties.

Our team promptly filed with the Uninsured Employers Fund and submitted the medical records documenting our client’s injuries. With help from our client’s third-party attorney, that attorney’s private investigator, and the diligent work of our paralegals, we gathered enough evidence to prove that the contractor was legally responsible and had fraudulently avoided paying workers’ compensation insurance premiums by claiming to be his company’s only employee while hiring day laborers off the books.

• We established benefits and secured weekly compensation payments for our client while he was out of work and recovering.
• We secured coverage for all of his medical treatment, including hospital stays, rehabilitation, surgeries, and physical therapy, totaling more than $1 million.
• In 2026, after our client reached maximum medical improvement, we closed this chapter of his life by resolving the case with a $200,000 settlement.
• The NYS Workers’ Compensation Board penalized the contractor and his home renovation company for failing to carry workers’ compensation insurance and denying his worker the benefits he was owed.

Cases like this are far too common across many industries, but New York has systems in place to protect its workers. Our firm focuses on work injuries, workers’ compensation, Social Security Disability, and New York pensions. If you or a loved one has suffered a work-related injury, call us at 866-557-7500.

Prior results do not guarantee a similar outcome.

Written by Brian Molina

NYCOMPLAW Marketing Coordinator & Paralegal

If you or a loved one has suffered a work-related injury, don’t wait to protect your rights and your future. Call 866-557-7500 for a free and confidential consultation.

Navigating the intersection of federal 9/11 claims, New York State Workers’ Compensation, and municipal disability pensions require specialized legal strategy. At McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP, our legal team handles every step of the process on your behalf:

1. Establishing Exposure Proof: We locate historical employment records, utility bills, lease agreements, affidavits, or transcripts proving your presence in Lower Manhattan during the qualification period.
2. WTCHP Certification Support: We guide you through enrollment in the World Trade Center Health Program so your medical conditions are officially certified.
3. Maximizing VCF Financial Awards: We document non-economic losses (pain and suffering) and economic losses (lost wages, loss of union pension accruals, and medical expenses) to secure full compensation.
4. Coordinating Disability & Workers’ Comp Benefits: We integrate VCF awards with New York Workers’ Compensation and municipal disability pensions so your rights are protected across all legal avenues.
5. Supporting Families with Wrongful Death Claims: We assist grieving families who lost a loved one to a 9/11-related illness in securing survivor benefits and wrongful death compensation.

On this 25th anniversary, we reaffirm our dedication to the individuals and families who gave so much to New York and our nation. If you or a family member served, lived, or worked in Lower Manhattan in the months following September 11, 2001, you may be entitled to lifetime medical monitoring and tax-free financial compensation.

Contact McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP today for a confidential, no-obligation consultation. Let our experienced legal team manage the details so you can focus on your health and family.