If you’re an immigrant, suffering from an injury in the workplace can bring a feeling of fear, not just because of your injury but also because of your immigration status.
If you are an undocumented worker in Florida injured while on the job, knowing if you may qualify for workers’ compensation can help you feel at ease as you decide on what steps you need to take next.
How Florida’s definition of employee may help you
In many cases, an undocumented worker in Florida may file for workers’ compensation following a workplace injury. The state’s workers’ compensation law focuses on your work relationship with the employer, not your immigration status.
Under Florida’s workers’ compensation statute, an employee is any person who receives pay for performing work under any contract for hire, whether expressed or implied, oral or written or “whether lawfully or unlawfully employed,” and it specifically includes aliens and minors.
It means that Florida lawmakers have included workers regardless of immigration status. If you worked for pay and suffered an injury doing your job, the workers’ compensation system generally treats you as covered.
However, in some cases, insurers may reject a workers’ compensation claim if you used false documents, such as an incorrect Social Security number.
What does the new House Bill mean for undocumented workers
While Florida law currently allows undocumented workers to seek workers’ compensation benefits, lawmakers introduced new legislation, House Bill 1307 in 2026, to reconsider that approach.
This proposal aims to exclude undocumented workers from eligibility and require employers who knowingly hire illegal immigrants to pay for medical expenses. Because these laws continue to evolve, it is essential to check the current law and seek legal guidance after an injury to avoid any false hopes about your eligibility.
Why protecting your rights after a workplace injury matters
A workplace injury can affect your health and income. If you are an illegal immigrant, fears about your status may add another layer of stress.
However, knowing how Florida law defines “employee” can help you feel more confident during a difficult time. In addition, understanding the workers’ compensation process can help you take the necessary steps to pursue the medical and financial benefits available to you.