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• Car Accident
• Worker's Compensation

Illegal immigrant worker paralyzed in on-the-job accident denied worker’s compensation benefit

The case of a construction worker who was paralyzed after falling from the roof of a three-story building is compromised by the worker's illegal immigration status and compounded by his use of illicit drugs.



Being an illegal immigrant made securing employment difficult for Victor Leon, until he began working for Altec Roofing in Palm City. Altec Roofing assisted Leon in obtaining a fraudulent social security number, and promptly put him to work. Getting hired as an illegal immigrant, and then getting injured on the job proved a horrible combination for Victor Leon. A bad situation he compounded by using illicit drugs, although these substances probably did not contribute to the circumstances that led to his subsequent fall and paralyzing injury.



Leon was working on a roofing project for Altec Roofing in Palm City when he fell from the roof of a three-story building and was permanently paralyzed. Prior to the accident, he'd informed Altec about his illegal immigration status. Instead of terminating him, they instead helped him to obtain a fraudulent social security number and kept him on the job. While he was accepted as a worker by the company, being accepted as "an injured worker" eligible for workers' compensation was an entirely different story. Even though employed illegally, he should still be eligible. Using a fraudulent social security number to maintain employment does not in any way require him to forfeit workers' compensation for an on-the-job accident. Unless he'd made a false statement after being injured "for the purpose of securing worker's compensation benefits" the sanction of forfeiture may not be imposed. Under the law, simply being an illegal immigrant does not require one to forfeit their right to workers' compensation benefits.

Unfortunately for Leon, another problem would rear its ugly head. In a post-accident drug test, Leon tested positive for the presence of cocaine and marijuana in his bloodstream. Section 440.9 (3) of Florida law states that workers' compensation benefits are not payable if the injury "was occasioned primarily ... by the influence of any drugs ... not prescribed by a physician." Section 440.9 (7) (b) creates a presumption that the injury was occasioned primarily by the drug when a post-accident test for drugs is positive. "This was Leon's undoing", explains Orlando based personal injury lawyer Tony Francis.



An expert witness testified on Leon's behalf that the drugs in his bloodstream at the time of the accident did not actually impair him. But based on poor advice, Leon decided to voluntarily dismiss a petition before the judge of compensation claims in favor of a little used estoppel argument. In the end, a Florida circuit court granted Altec's motion for summary judgment. Leon may eventually obtain relief at a workers' compensation forum, but this is highly unlikely.



Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.