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Our South Florida Workman’s Compensation Answers the Question: Can Undocumented Workers Obtain Workers Compensation Benefits?

The short answer is yes.  More than 20% of all residents in Florida were born in a country other than the USA, and close to 25% of the work force in Florida is made up of persons born in different countries than the USA.  The top countries for foreign born residents of Florida are Cuba, Haiti, Columbia, Mexico, and Jamaica.

Florida workers compensation laws defines an “employee” as any person who receives pay from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors. Thus, if you believe you have a claim, it’s critical to speak with a Fort Lauderdale workers’ compensation law firm.

Do I Need a Social Security Number to Receive Worker Comp Benefits in Florida?

In 2003, the Florida legislature changed the Florida workers compensation laws to deny workers compensation benefits to anyone that uses a false social security number to obtain workers compensation benefits.  Fla. Stat. sec. 440.105(4)(b)9 makes it illegal to give a false written statement, driver’s license or identification card to any person as evidence of identity for the purpose of obtaining employment or worker’s compensation benefits. There are several times during a worker’s compensation claim when you may be asked for a social security number:

  • The first report of injury
  • Employee earnings report
  • At the ER or a treating doctor’s office
  • Giving a statement to the employer or insurance company

Because an undocumented workers is entitled to Florida workers compensation benefits, you do not have to provide a social security number during any of these events.

What Type of Benefits Does Florida Workers Compensation Provide to Undocumented Workers?

There are many benefits Florida workers compensation can provide if you are injured at work.    These include:

  • Temporary and permanent wage benefits
  • Payment for all medical care
  • Diagnostic testing like MRIs and CT scans
  • Hospitalizations and surgery
  • Job retraining

However, the Florida workers compensation system can be confusing, and is sometimes very slow in allowing you to obtain your benefits.  If you are an undocumented worker, you should contact an experienced Florida workers compensation lawyer to make sure you obtain all the benefits to which you are entitled.

What are the Most Important Steps in Applying for Florida Workers Compensation Benefits?

  • Report your accident to your employer as soon as it occurs
  • Keep good records of you reporting your accident or injury – all emails, text messages and voicemails
  • Review the First Report of Accident to make sure the information is correct – especially if the Report lists a social security number
  • Make sure a social security number is not inserted into any of your medical records
  • Keep records of all wages earned – you will need these to obtain the full amount of your wages through workers compensation
  • Speak with a Florida workers compensation lawyer about your rights

Obtain The Full Amount of Workers Compensation Benefits

One of the most common complaints we hear from injured workers is they cannot get the insurance company to provide benefits quickly.  The failure of an insurance company to get medical care and wage benefits to an injured worker can have devastating effects.  A Florida workers compensation lawyer can force employers and insurance companies to schedule doctor visits and diagnostic tests, pay wage benefits, and provide all your benefits on time.

The Workers Compensation Lawyers at Maus Law Firm Helps Injured Workers in Florida

Workers compensation claims can be very complicated.  You deserve to receive all the benefits you are entitled to according to Florida law.  The Maus Law Firm offers a free consultation to discuss your rights, and handles all workers compensation claims on a contingent basis.  This means that you do not have to pay anything up front to discuss your claim, and we only get paid for representing you if we recover a settlement for you.  Contact the Maus Law Firm for your free consultation today.

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Posted By: Teresa Meadows