If a worker is injured on the job, they should be treated equally and receive the same aid from workers’ compensation benefits. In Florida, there have been undocumented workers who did not receive workers’ comp, and even some have been arrested for being undocumented (even before receiving care for their work-related injuries). This situation makes it nerve-wracking for these workers to file a claim, and even for their employers because it turns them into a form of immigration police in a way.
A new bill went into effect October 2018 in Florida that stops insurance companies from sidestepping payouts by helping in the arrest of undocumented workers who have been injured on the job. Florida, like most states, provides workers’ comp benefits to undocumented workers despite their legal status. Anitere Flores, second-highest ranking member of the Florida senate, was also worried about companies who fully know the legal status of undocumented workers and hiring them, knowing that the threat of prosecution and even deportation may keep them from filing claims, which takes the companies off the hot seat. The new bill keeps workers’ comp benefits to workers regardless of being in the country legally or not.
In 2010, Yuliana Rocha Zamarripa became injured on the job while working at a hotel. Her knee was injured so severely that she was unable to walk, yet she was arrested for using a false social security number before being treated for her injuries. Yes, using a false social security number is illegal, but the fact that she was injured on the job and was arrested before receiving any kind of medical help from workers’ comp is not right.
The Coalition Against Insurance Fraud believes that insurance companies and employers are using the laws that make “the credibility of combating real fraud at risk.” Dennis Jay, executive director of the Coalition, stated: “Legislators in the Sunshine State need to correct this loophole so workers hurt on the job can get the care they need.” Just because a worker is undocumented does not take away their rights to get medical attention and help from being injured while trying to make a living.
NPR and ProPublica found that nearly 800 undocumented workers in Florida have been charged with workers’ comp fraud for using illicit Social Security numbers to either get their jobs, file for workers’ compensation benefits or both. More than 560 didn’t actually file workers’ comp claims but still were charged with fraud. Another 130 suffered legitimate workplace injuries but were denied benefits and prosecuted. Some were detained by federal immigration authorities and deported. Like most states, Florida provides workers’ comp benefits to undocumented workers despite their legal status. The state’s workers’ comp law was amended in 2003 to make the use of false identification in obtaining jobs and workers’ comp benefits a felony.
Such practice is absolutely absurd and inhumane. Despite any circumstances, a worker who is injured at work is entitled to sufficient care at all costs. In my fifteen years of practice, it is my goal to make sure that all of our injured workers promptly and efficiently, receive his/her indemnity benefits and necessary medical treatment. So if you or a family member have been hurt at work and have any issues with promptly receiving indemnity benefits or medical treatment, call Poirier Law Firm today for a free consultation. Poirier Law Firm has represented injured workers for over 16 years. You deserve to have a zealous advocate in your corner!