Undocumented Workers are Eligible for Florida Workers’ Compensation
November 5, 2018
In today’s political climate, especially regarding undocumented workers, many people do not realize that undocumented men and women injured on the job in Florida are eligible to receive workers’ compensation benefits. Many undocumented workers injured on the job are afraid to report their injures or do not know their rights.
Generally, a work-related injury must be reported to a boss or supervisor within 30 days. Failure to give timely notice can result in a complete denial of all workers’ compensation benefits.
A Florida appellate decision states that, “…no special rules apply to undocumented workers. Like any other employee, they must comply with the statute in order to obtain the statute's benefits. In order to be self-executing, the statute requires everyone to be truthful, responsive, and complete.” This means undocumented workers must be honest in presenting their workers’ compensation claims, but they enjoy the same rights as U.S. citizens to file their workers’ compensation claims.
Any worker, undocumented or not, cannot use a false social security number to secure workers’ compensation benefits. If, on the other hand, an undocumented Florida employee injured at work presents a truthful, legitimate workers’ compensation claim, then he or she is protected by the same due process safeguards as anyone else. He or she is entitled to fair and impartial trial before a Judge of Compensation Claims, and the Judge decides if the employee should receive benefits.
If you, friends or loved ones are undocumented and have suffered a work-related injury, contact us. Llámenos, se habla Español.