Do Undocumented Immigrants Get Workers’ Compensation?

In general, people who enter the United States without inspection are not permitted to hold a job in the country. However, this does not stop many employers from hiring the undocumented all the same, with many taking advantage of their status to exploit them. In this environment, one might not think that undocumented workers are entitled to any kind of employment protection, particularly in Florida, where directive after directive continues to make their lives harder. However, as of this writing, undocumented immigrants are entitled to some benefits, particularly if they are hurt on the job.

An Equitable Approach

Normally, a worker who is hurt on the job must establish that they are not able to find legal employment or earn ‘pre-injury’ wages, and that it was a direct result of being injured at work, in order to receive workers’ compensation benefits. Because undocumented workers cannot, by definition, obtain legal employment, this formula does not apply to them, and one would think that benefits would be denied to them.

In reality, Florida’s courts have taken what is known as an equitable approach – that is, recognizing that fairness and the public conscience do not allow for people to be denied workers’ compensation benefits just because of their undocumented status. Courts have pointed to the fact that the state’s workers’ compensation statute does not exclude the undocumented; rather, it explicitly states that “aliens and minors” are included.

Potential Changes Coming

While current Florida law grants workers’ compensation benefits to undocumented workers, some employers do try to make the argument that a worker’s undocumented status means they are ineligible for benefits. State courts have carved out a specific exception to the blanket grant – namely, that an employer can only argue they are not responsible for workers’ compensation benefits if they had no idea of the worker’s undocumented status. If they knew or should have known, the law forbids such a defense because they employed the worker in the first place.

That said, it is unfortunately not out of the realm of possibility that this law will change in the coming months. Florida’s current Chief Financial Officer (CFO) has worked with legislators to put a bill before the state legislature seeking to deny undocumented people many different opportunities, many of which have nothing to do with immigration status. One of the proposed changes is to cease granting workers’ compensation benefits to undocumented workers, along with prohibiting them from opening certain bank accounts and forcing undocumented people’s insurers to accept fault if they are in a car accident.

Contact An Orlando Workers’ Compensation Attorney

While Florida’s legislature may choose to be punitive in the future, it is important for undocumented workers to know their rights while they still have them. An Orlando workers’ compensation attorney from the Hornsby Law Group can help clarify matters if you have questions about your ability to receive benefits after an accident. We are here to help – contact our office today to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.02.html