USA TODAY US Edition

Florida’s disposable workers

- Maria Perez Naples

After Abednego de la Cruz sliced his finger to the bone cutting concrete blocks while building a fire station in Tallahasse­e, his boss fired him and refused continued medical care for his injury. De la Cruz, 37, a father whose dominant hand remains damaged, said he thought he could rely on the workers’ compensati­on system, which requires employers to cover medical care and lost wages for injured employees. Instead, his employer called the police and had him arrested. The undocument­ed immigrant faces almost certain deportatio­n and fears he won’t be able to raise his 1-year-old U.S.-born daughter.

Some Florida businesses profit from the labor of unauthoriz­ed immigrants after accepting phony identifica­tion when hiring them, then the employers or their insurers report them after a work injury for using false documents, a year-long investigat­ion by the USA TODAY NETWORK found.

Workers’ compensati­on fraud laws are meant to punish those who try to abuse the system, such as employees

“They use them to work as cheap labor, but then, if they get hurt, ‘You are done. You get nothing.’ ” Cora Cisneros Molloy Fort Myers lawyer

who fake injuries or employers who leave workers unprotecte­d. A change in the Florida law in 2003 punishes immigrants who were injured if they used Social Security numbers not assigned to them or fake IDs to obtain a job or injury benefits.

Most of the injured immigrants reported under the law in recent years work for a few companies that provide labor and personnel services to high-risk industries such as constructi­on and landscapin­g, promising cheaper workers’ compensati­on costs to their client businesses, the investigat­ion found.

Some companies or their insurers legally avoid paying injury claims, while their injured, undocument­ed workers lose their jobs, get arrested, face jail and deportatio­n and must pay their own medical bills.

SouthEast Personnel Leasing hired de la Cruz in 2013 and leased him to a constructi­on business. Because it’s not required, no one verified his Social Security number until he was injured a year later. Lion Insurance, owned by one of SouthEast’s owners, reported de la Cruz to state investigat­ors.

De la Cruz was charged with a felony for using a fake Social Security number and was denied workers’ compensati­on benefits.

He is among about 600,000 unauthoriz­ed workers in Florida, many of whom fill the ranks of the state’s most dangerous jobs — one in five constructi­on workers, one in three farmworker­s.

When they get injured, they become disposable.

After analyzing courts and arrest data, reviewing thousands of pages of judicial and investigat­ive records and crisscross­ing the state to interview workers, the investigat­ion found that:

At least 163 immigrant workers in Florida were charged since 2004 with a felony of providing false identifica­tion after they were injured. In at least 159 cases, their employer or their insurance company reported them.

More than 80% of the injured immigrants reported from 2013 to 2016 worked for employee leasing companies or staffing agencies that recruit workers.

SouthEast had far more workers charged than any other company — at least 56 cases, or about a third. The company and its related businesses hired immigrants for a decade without verifying documents and turned them in after they were injured.

The same Florida law used against the immigrants makes it a crime for employers to hire workers they know use phony identifica­tion. The Daily News, part of the USA TODAY NETWORK, could identify only one employer who faced prosecutio­n in the 14 years since the law was passed.

Under the law, businesses have little motivation to verify documentat­ion of workers when hiring them, but employers and their insurers gain a major incentive to check once they are injured.

Companies could easily verify an applicant’s Social Security number to avoid employing undocument­ed immigrants, said Cora Cisneros Molloy, a Fort Myers lawyer who represents workers.

“Do they do that? No, because they don’t want to know. It’s willful blindness, and they take advantage of it,” Molloy said. “They use them to work as cheap labor, but then, if they get hurt, ‘You are done. You get nothing.’ ”

SouthEast owner John Porreca and company lawyer Brian Evans declined requests from the Daily News for interviews and did not respond to questions submitted through email and certified letters.

Evans sent a statement saying SouthEast and its affiliated companies comply with Florida statutes. State law requires insurers to report cases in which they suspect fraud.

SouthEast “is, and continues to be, respectful of an injured worker’s right to receive workers’ compensati­on benefits under applicable Florida law,” Evans wrote.

Simon Blank, director of Florida’s Division of Investigat­ive and Forensic Services, which investigat­es workers found using false identity informatio­n, said he wasn’t aware that employee leasing companies and their insurers reported most of the injured immigrants in recent years.

Blank said his staff must enforce the law.

“Although it’s unfortunat­e and we feel for those people, the bottom line is they committed a crime, and that crime is putting other innocent people at risk,” he said.

State legislatur­es and courts for the most part have declared that employers and their insurers — not workers or taxpayers — should pay for the care and compensati­on of those injured on the job, regardless of immigratio­n status.

This approach is better, court rulings and worker advocates argue, because it discourage­s unscrupulo­us employers from hiring more undocument­ed workers on the belief they won’t have to worry about injuries. It helps keep a level playing field for all businesses and provides safer workplaces in a system that threatens deductible­s or higher premiums for employers with high injury rates.

For 31 years, federal law has required employers to ask new hires to sign a form certifying they can work legally and to show documents to prove it, such as green cards or Social Security numbers.

In most states, including Florida, businesses aren’t required to check through the federal E-Verify system that the documents are legitimate. The Internet-based system compares identifyin­g informatio­n an employee offers to informatio­n in federal databases.

Many employers accept false documents without checking them, even in industries with a high percentage of un- authorized workers or with a history of employees using fake identifica­tion. Some workers have accused employers of actually providing the false documents.

In 2003, Florida’s Legislatur­e overhauled the state’s workers’ compensati­on system, making it a third-degree felony to provide false identity informatio­n when obtaining a job or injury benefits. Though the new law kept earlier language that all workers are entitled to injury benefits, it allowed companies to deny benefits to many injured undocument­ed immigrants.

In addition to arresting injured workers, state investigat­ors have used the statute to charge more than 600 other workers since 2004 for using false identity informatio­n to get jobs.

The state has done little to hold businesses accountabl­e for hiring undocument­ed immigrants they know used false documents.

Martin Rojas of West Palm Beach said he didn’t know that signing some papers and telling the insurance adjustor he was undocument­ed would land him in jail.

Rojas was working in 2014 as a leased employee of SouthEast when he sprained his ankle at his job with Southern Truss Companies in Fort Pierce.

The Social Security number Rojas used to get the job was on both the medical records release and the fraud statement forms he signed.

After the accident, an adjustor interviewe­d Rojas by phone and asked for his Social Security number. Rojas said he didn’t remember it but confirmed it was on his job applicatio­n, according to a recording of the call.

When the adjustor asked whether he had a driver’s license, Rojas volunteere­d the informatio­n that he was undocument­ed.

Rojas, who doesn’t speak English and attended school only up to the fourth grade, was denied benefits, arrested and sentenced to 90 days in jail and nearly five years’ probation. He was ordered to pay about $2,500 in restitutio­n and faced legal expenses.

He is unable to even replace his wornout clothes.

Contributi­ng: Marquette University student researcher­s Elizabeth Baker, Allison Dikanovic and Alexandra Videmsky through the O’Brien Fellowship in Public Service and USA TODAY NETWORK reporters Ryan Mills and Camille Chrysostom.

“Although it’s unfortunat­e and we feel for those people, the bottom line is they committed a crime, and that crime is putting other innocent people at risk.” Simon Blank Division of Investigat­ive and Forensic Services

 ?? DOROTHY EDWARDS/USA TODAY NETWORK ?? Abednego de la Cruz, who has a daughter named Jazlyn, was fired from his job after an injury and could be deported.
DOROTHY EDWARDS/USA TODAY NETWORK Abednego de la Cruz, who has a daughter named Jazlyn, was fired from his job after an injury and could be deported.
 ??  ?? Abednego de la Cruz found a constructi­on job in Tallahasse­e after losing an earlier job where he injured his hand.
Abednego de la Cruz found a constructi­on job in Tallahasse­e after losing an earlier job where he injured his hand.
 ??  ?? De la Cruz lost his petition for asylum to stay in the USA and has appealed to avoid deportatio­n. PHOTOS BY DOROTHY EDWARDS/USA TODAY NETWORK
De la Cruz lost his petition for asylum to stay in the USA and has appealed to avoid deportatio­n. PHOTOS BY DOROTHY EDWARDS/USA TODAY NETWORK
 ??  ?? Juvenal Dominguez of Fort Pierce, Fla., came to the USA from Mexico in 1998. He fractured his leg while working a constructi­on job. His employer’s insurance company reported him for prosecutio­n under a Florida law that makes it a felony to use a false...
Juvenal Dominguez of Fort Pierce, Fla., came to the USA from Mexico in 1998. He fractured his leg while working a constructi­on job. His employer’s insurance company reported him for prosecutio­n under a Florida law that makes it a felony to use a false...

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