Florida Court Of Appeal: Hoffman Does Not Preempt State Workers' Compensation Law

IMMIGRANTS & EMPLOYMENT

Immigrants' Employment Rights and Remedies

FLORIDA COURT OF APPEAL: HOFFMAN DOES NOT PREEMPT STATE WORKERS' COMPENSATION LAW
Immigrants' Rights Update, Vol. 17, No. 6, October 21, 2003

The Florida Court of Appeal has held that undocumented workers are entitled to receive the same benefits available to documented workers under that state's workers' compensation law.

An employer challenged an award of benefits to an undocumented worker, arguing that the Supreme Court's decision in Hoffman Plastic Compounds v. NLRB, 122 S.Ct. 1275 (2002), preempted state law, and thus that undocumented workers are precluded from receiving workers' compensation benefits. The Florida court rejected that argument. It reasoned that the Supreme Court has held that workers' compensation is an area where states have the authority to regulate under their police power, and that Florida has long allowed benefits to undocumented workers. Unless there is a conflict with federal law, the Florida appellate court held, the Florida legislature's award of benefits to undocumented workers is lawful. The court held that, given that there is no such conflict, the award of benefits is proper.

Safeharbor Employer Services I, Inc. v. Velazquez,
2003 Fla. App. LEXIS 15281 (Oct. 13, 2003).