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Can Undocumented Workers Sue for Construction Injuries in Louisiana?

Hayley Chowdhry by Hayley Chowdhry
July 2, 2025
in Financial
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The Importance of Strength Analysis in Construction for Preventing Structural Failures

© Scott Blake

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They build the roads we drive on, raise the structures we live in, and keep major industries running behind the scenes. Yet when undocumented construction workers are injured on the job, many are told to stay silent or risk everything. It’s a cruel contradiction: you’re good enough to work, but not good enough to be protected. In Louisiana, that assumption is not just wrong—it’s unlawful.

Being undocumented does not mean being without rights. If you’ve been hurt on a construction site due to unsafe working conditions or employer negligence, you may still have the power to seek justice. Legal protections in Louisiana extend to all workers, regardless of immigration status. That’s why many injury victims turn to experienced advocates like Babcock Injury Lawyers—firms that understand the real risks undocumented workers face, and fight to protect them without judgment or fear.

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Immigration Status Doesn’t Cancel Workplace Rights

In Louisiana, labor laws don’t stop at citizenship. Whether you have documentation or not, you’re still considered a worker under the law, and that means you’re entitled to a reasonably safe work environment. If your employer violates that trust, your rights to medical treatment, lost wages, and potential compensation do not vanish.

You don’t need a green card to be treated fairly. The law focuses on what happened to you, not where you were born. Employers who try to use your status as a shield against responsibility are not only acting immorally—they’re breaking the law.

Injured on the Job? Workers’ Comp May Still Apply

Contrary to what many are told, undocumented workers in Louisiana are often eligible for workers’ compensation. This program is designed to provide quick relief for medical bills, lost wages, and rehabilitation when you’re injured at work—no courtroom required. It’s a no-fault system, meaning you don’t need to prove your employer did anything wrong.

That said, employers and insurance carriers may try to exploit your status to delay, deny, or minimize your claim. This is where having a lawyer becomes critical—someone who understands how to file claims strategically while keeping your immigration information confidential and protected.

Employers Who Threaten You Are Breaking the Law

Unfortunately, many undocumented workers are told, “If you report this, you’ll be deported.” That kind of threat is not just unethical—it’s illegal. Retaliation for reporting injuries or workplace violations is strictly prohibited under state and federal law, regardless of your immigration status.

If you’ve been fired, harassed, or intimidated after speaking up about unsafe conditions, you may have an additional legal claim. Intimidation isn’t just wrong—it’s a form of control meant to silence those with the most to lose. You don’t have to face it alone, and the courts have increasingly ruled in favor of workers who were unfairly punished for standing up.

When It’s Not Just the Employer’s Fault

Construction sites involve many moving parts and multiple parties. Sometimes it’s not your employer who’s responsible for the dangerous condition—it’s a subcontractor, property manager, or equipment manufacturer. In those cases, you may be able to file a separate personal injury lawsuit, completely outside of workers’ comp.

These cases often result in higher compensation because they allow for damages like emotional distress and full wage replacement, not just partial coverage. When a third party’s negligence contributes to your injury, the law allows you to hold them accountable regardless of who signs your paycheck or what your legal status is.

Silence Helps No One—Especially Not Other Workers

Fear keeps many undocumented workers from coming forward, but silence often allows bad behavior to continue. Employers who cut corners on safety may continue those habits until someone pushes back. By speaking out and pursuing a claim, you’re not just protecting your own future—you may be saving someone else’s life.

Every time a legal claim shines a light on unsafe conditions, other workers benefit. Lawsuits and settlements can force companies to change their practices, enforce better training, and create safer environments. That’s a legacy of courage that goes beyond just one job site.

Building a Case Without Risking Your Safety

Legal teams that work with undocumented clients understand how to protect your identity and safety. They know how to file paperwork strategically, what to disclose and what not to, and how to shield you from unnecessary exposure. The goal is simple: protect your legal rights while minimizing personal risk.

A good attorney won’t just talk about your case—they’ll listen to your concerns about your family, your future, and your peace of mind. Legal action doesn’t have to put you in danger. When done right, it puts the employer in the spotlight, not the worker.

It’s Not Just About Compensation—It’s About Dignity

When you show up to work and give your labor, you deserve the same safety and respect as anyone else. Getting hurt doesn’t make you less valuable. Being undocumented doesn’t mean you’re undeserving. Legal action is more than a pathway to financial recovery—it’s a way to reclaim your dignity and remind employers that no worker should be invisible.

Whether you were told to keep quiet, forced to work without proper equipment, or injured because safety rules were ignored, you have the right to push back. And the law, when properly applied, will stand with you—even if others won’t.

Hayley Chowdhry

Hayley Chowdhry

Business Editor

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