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Undocumented Workers Legal Rights

Practice Area: Workers Compensation

Outcome: Undocumented workers Entitled to Workers Comp

Description: In 2007, Ms. Castrillon went before the Honorable Judge Kathryn Pecko in a trial to ensure the right to benefits of illegal immigrants who are injured while working. In this important case, a young man fell off a roof while working for a local roofing company. His employer knew that he was not legally able to work in the United States and paid him cash for his work. However, when he was injured, his employer’s insurance company tried to hide behind the fact that he was an illegal alien to deny him his right to medical care and monetary benefits for lost wages. Ms. Castrillon successfully argued that the Employer cannot use his immigration status as both a shield and a sword. They used his illegal status to be able to pay him reduced wages without tax consequences but then tried to use this same fact against him to deny him benefits when he fell down while working for them. Now, thanks to the efforts of Ms. Castrillon, this is the precedent in Broward County and her argument is being used by other attorneys in other counties in Florida.

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