Rosenbaum Personal Injury Lawyers | August 1, 2025 | Workplace Accidents
Labor unions have helped shape safer workplaces and stronger protections for injured workers across New York. Many people assume they can join a union if they want to, but the truth is that not everyone qualifies. The rules vary based on what kind of work you do and who employs you.
If you were hurt at work and want to know whether union support could have made a difference (or if you’re just wondering whether you’re eligible to join one now), this blog post will walk you through the basics.
New York Law Protects the Right to Organize
In New York, most workers have the legal right to join a union. That right comes from both federal and state laws, including the National Labor Relations Act (NLRA), the New York State Employment Relations Act (SERA), and the Taylor Law. These laws make it illegal for most employers to interfere with your efforts to organize, support, or join a union.
Under these laws, you may have the right to unionize if you are:
- A private-sector employee
- A public-sector worker such as a teacher, police officer, or sanitation worker
- An employee of a nonprofit or healthcare facility
- An employee of a small business (in some cases)
New York provides broader protections than many other states. For example, some agricultural and domestic workers, excluded from federal labor laws, are covered under state law.
Who Cannot Join a Union in New York?
Even in New York, some categories of workers are excluded from union eligibility. This can include independent contractors and freelancers, certain supervisors or managers with hiring and firing power, and workers classified as confidential employees, such as HR staff.
However, your job title may not tell the whole story. For instance, just because you are labeled an “independent contractor” doesn’t mean that label is correct. If you are treated like an employee, you may still have organizing rights under New York law.
Because of this complexity, getting legal advice from a qualified attorney is the best way to find out if you’re eligible to join a union.
The Importance of Union Access for Injured Workers
Being part of a union can give you access to added support if you get hurt at work. Many unions in New York fight for safer conditions and negotiate strong protections for injured employees.
These protections may include:
- Better safety equipment and training
- Clear procedures for reporting hazards
- Legal representation when filing a workers’ compensation claim
- Contractual protections against retaliation after reporting injuries
Still, you don’t need to be in a union to file a personal injury or workers’ comp claim. Every employee in New York has legal rights, and you can hold a negligent employer or third party accountable even if you are not unionized.
What if Your Employer Tries to Stop You?
Under both state and federal law, it is illegal for employers in New York to fire, punish, or intimidate you for union-related activity. If you believe your rights have been violated, you can file a complaint with the National Labor Relations Board (NLRB) or the New York Public Employment Relations Board (PERB), depending on your job type.
If you were injured at work, union representation can help ensure your voice is heard if your workplace failed to keep you safe. If your injury was serious, you may also have grounds for a third-party lawsuit, such as if faulty equipment or unsafe property conditions were involved.
Contact Our Workplace Accident Law Firm in New York City at Rosenbaum Personal Injury Lawyers For More Help
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our New York City workplace accident lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
