Suffering a workplace injury is challenging under any circumstances. For undocumented workers, the situation can become even more complex and scary due to additional legal concerns.
However, Florida law provides important protections. Undocumented workers are entitled to workers’ compensation benefits for injuries sustained on the job, regardless of immigration status. These benefits typically include medical treatment and partial wage replacement, ensuring all workers can access essential support during recovery.
If you have questions about Florida workers’ compensation laws and how they apply to your on-the-job injury as an undocumented worker, we are here for you. Our dedicated team at Berlin Law Firm has a deep understanding of these statutes. Contact us today to schedule a free consultation.
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Who is Covered Under Florida Workers’ Comp Law?
Florida workers’ compensation law generally covers all employees who suffer work-related injuries, regardless of their immigration status. This includes full-time, part-time, and seasonal workers (with exceptions) and those paid in cash or working without formal documentation. The key requirement is that the injury occurred within the scope of employment.
Undocumented workers are entitled to the same core benefits as other employees, including medical care and wage replacement, under Chapter 440 of the Florida Statutes. While some legal complexities may arise in these cases, the law does not exclude injured workers based on immigration status. Employers and insurance companies are prohibited from denying benefits solely because a worker is undocumented.
Challenges Undocumented Workers Face When Filing Claims
As noted, while Florida law provides protections for undocumented workers, obtaining workers’ compensation benefits can still be challenging—including access to medical treatment, partial wage replacement, compensation for permanent impairment, and reimbursement for certain out-of-pocket expenses.
Employees who have sustained work injuries may encounter several obstacles, including:
Denial of Your Claim Based on Immigration Status or Threats of Deportation.
Despite clear legal protections, some employers and insurers may attempt to exploit an injured worker’s undocumented status by threatening job loss, deportation, or reporting to immigration authorities. These threats are intended to discourage workers from filing claims or pursuing the benefits they are lawfully entitled to receive.
Such conduct is unethical and may violate Florida’s labor laws. Legal representation can be crucial in protecting workers from these coercive tactics and holding employers accountable for any form of intimidation.
Fear of Retaliation or Loss of Job for Filing a Workers’ Comp Claim
Under Florida law, it is unlawful for an employer to retaliate against any employee—including undocumented workers—for reporting a workplace injury or filing a workers’ compensation claim. Retaliatory actions such as termination, demotion, reduction in hours, or other adverse employment decisions are strictly prohibited when they stem from the exercise of legal rights.
At Berlin Law Firm, our attorneys are experienced in handling retaliation claims and are prepared to take immediate legal action to protect your rights in the Sarasota and Tampa areas. If you are facing threats or pressure from your employer after reporting a work-related injury, we will advocate aggressively on your behalf to ensure compliance with the law.
Delays, Denials, or Confusion from Insurers Unfamiliar with Your Rights
Undocumented workers in Florida may face unnecessary delays or wrongful denials of benefits due to insurance carriers’ lack of understanding—or misrepresentation—of state workers’ compensation laws. Some adjusters may be unaware that immigration status does not disqualify an injured worker from receiving medical and wage replacement benefits under Florida law. Others may exploit this uncertainty, assuming the worker will not challenge an adverse decision.
Can Undocumented Workers Receive Benefits If They Used a False Social Security Number?
In Florida, the use of a false Social Security number by an undocumented worker does not automatically disqualify them from receiving workers’ compensation benefits—but it can complicate the claim significantly.
Florida courts have consistently held that immigration status does not bar an injured worker from recovering benefits under the state’s workers’ compensation system. However, if an employer or insurer becomes aware that a false Social Security number was used, they may attempt to deny benefits based on alleged fraud or misrepresentation.
Legal Protections
The Florida First District Court of Appeal has ruled in cases like HDV Construction Systems, Inc. v. Aragon that undocumented workers are still entitled to medical and indemnity benefits, even if they used false documentation to obtain employment. However, the claim may be more vulnerable to legal challenges, especially if the employer alleges intentional misrepresentation under section 440.105 of the Florida Statutes.
Contact Berlin Law Firm for a Free Case Evaluation
When you work with Berlin Law, you will find a team of experienced and compassionate lawyers ready to stand up for your rights. Contact us for a free consultation to discuss your workers’ comp claim as an undocumented worker.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
