Could a New Law Deny Workers’ Comp Benefits to Undocumented Workers in Tampa?

For countless years, undocumented workers in Florida have been able to file valid workers’ comp claims despite not being legally allowed to work in the country. The system put the onus on employers rather than employees in this situation, and the goal was to keep everyone safe. Although this is still the case as of this writing, a new law could threaten to change the way undocumented workers access workers’ comp in Tampa.

What Does HB 1307 Mean for Me? 

In February of 2026, CBS News reported on the progress of HB 1307, a bill that could theoretically rob undocumented workers of access to the workers’ compensation system in Florida. This report came days after the bill advanced in the Florida House. If this bill passes into law, the Division of Risk Management would have the authority to deny any workers’ comp claims involving injured undocumented migrants.

This is part of a larger effort by Florida’s government to combat illegal immigration. The concern among Florida’s leaders is that illegal immigrants represent an unacceptable net burden on residents of the Sunshine State, and removing them from the workers’ compensation system could alleviate some of that burden. The bill’s sponsor is careful to note that workers’ comp is a taxpayer-funded program. It is also worth noting that the sponsor was actually born in Haiti and navigated the immigration system legally.

If this bill passes, it would represent a dramatic philosophical shift. Previously, the logic was that employers should not have the ability to hire undocumented workers and subject them to dangerous working conditions without fearing financial penalties. With the passing of this bill, employers could theoretically hire undocumented workers without even bothering to obtain proper insurance.

What if This Bill Passes? 

If this bill passes and you become injured as an undocumented migrant, filing a valid workers’ compensation claim could be challenging. That said, you should still speak with an experienced workers’ compensation lawyer. This is because Bill 1307 makes employers personally liable for injuries you suffer on the job.

In some respects, this is actually better for injured undocumented workers, not worse. If you suffer an injury as an undocumented worker in Florida, you could potentially sue your employer. A direct lawsuit has the potential to provide more compensation compared to a standard workers’ compensation claim. Theoretically, this would discourage employers from hiring undocumented workers without unfairly punishing the injured workers.

Can a Tampa Workers’ Comp Lawyer Help Me?

Whether you’re a citizen or an undocumented worker, you should have the right to file a workers’ comp claim or a lawsuit in Tampa after an accident and recover the compensation you need to cover medical bills and lost earnings. HB 1307 could threaten your access to workers’ compensation, which means it’s more important than ever to act quickly. Contact The Franco Law Firm today to get started on an action plan.

Sources: 

cbsnews.com/miami/news/florida-bill-prohibit-undocumented-immigrants-workers-compensation/

reuters.com/legal/litigation/are-undocumented-workers-entitled-workers-compensation-benefits–pracin-2026-01-07/