In Florida, your right to workers’ compensation benefits is determined by your employment status, not your immigration status. Both documented and undocumented workers are entitled to receive medical care and wage loss benefits if injured on the job. The Florida Workers’ Compensation Act defines an “employee” as “every person engaged in any employment under any appointment or contract of hire… whether lawfully or unlawfully employed,” explicitly including “aliens.”
Key Considerations for Undocumented Workers:
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Accurate Reporting: It’s crucial to avoid providing false documentation, such as fake Social Security numbers, when seeking employment or filing a workers’ compensation claim. Submitting fraudulent information can lead to a denial of benefits and potential legal consequences.
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Employer Responsibilities: Employers are required to provide workers’ compensation coverage regardless of a worker’s immigration status. However, some employers may attempt to use an employee’s undocumented status to deny benefits. It’s important to know that the law protects your right to compensation.
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Recent Legislative Changes: Florida’s Senate Bill 1718, enacted in 2023, imposes stricter penalties on employers who fail to verify the legal status of their employees and on individuals using false identification to secure employment. This law may impact the dynamics of filing a workers’ compensation claim for undocumented workers, making it even more essential to seek legal guidance.
Steps to Take if Injured on the Job:
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Report the Injury Promptly: Notify your employer immediately after the injury occurs.
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Seek Medical Attention: Obtain necessary medical treatment and keep detailed records of all medical visits and treatments.
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Consult an Experienced Attorney: Given the complexities surrounding immigration status and workers’ compensation claims, it’s advisable to consult with a knowledgeable attorney who can guide you through the process and protect your rights.
At Tijerino Law Group, we are dedicated to assisting all workers, regardless of immigration status, in securing the benefits they are entitled to after a workplace injury. Contact us today for a confidential consultation to discuss your case and learn more about your rights under Florida law at 305-978-5370 or via social media @TheWorkersCompAttorney.