What the End of TPS Means for Your Workers’ Compensation Claim

You left Haiti seeking safety and built a life in Florida, where you found work, supported your family, and became part of your community. Then you were injured on the job and filed a Florida workers’ compensation claim. You have an open claim and may be receiving medical care or wage benefits.

Now that Temporary Protected Status (TPS) for Haitian nationals has ended, you are no longer authorized to work based on TPS. Unless you have another form of employment authorization, you cannot legally continue working in the United States. You may also fear deportation and worry that your workers’ compensation claim will close.

The end of TPS does not automatically close your Florida workers’ compensation claim. Your workplace injury does not disappear because your immigration status changes or you’re forced to leave the United States.

However, losing TPS can create challenges involving your medical treatment, wage benefits, and ability to participate in your claim. If you’re worried about what the end of TPS means for your workers’ compensation claim, speak with a Florida workers’ compensation attorney before making decisions or leaving the country. There may be steps you can take now to protect your claim.

At a Glance

• The end of Haitian TPS does not automatically close an existing Florida workers’ compensation claim.
• Florida law includes people who were lawfully or unlawfully employed within its definition of an employee.
• Deportation can interrupt authorized care and make it harder to communicate about your claim.
• If you have a workers’ compensation attorney, notify that attorney promptly if you fear deportation or are required to leave the country. If you don’t have an attorney, seek legal guidance as soon as possible.
• Speak separately with an immigration attorney about your right to remain in the United States.

What Happened to Temporary Protected Status for Haitian Nationals?

Temporary Protected Status, often called TPS, allows eligible people from certain countries affected by war, natural disasters, or other dangerous conditions to remain and work legally in the United States for a limited period. Haitian nationals first became eligible for TPS after the devastating 2010 earthquake.

However, the Department of Homeland Security (DHS) concluded that Haiti no longer met the requirements for TPS. That conclusion is difficult to reconcile with Haiti’s current reality. Since the assassination of President Jovenel Moïse on July 7, 2021, Haiti has endured prolonged political instability and widespread violence.

Armed gangs control parts of the country and use kidnappings, sexual violence, and child trafficking to terrorize communities. Many people face food insecurity, displacement, limited access to health care, and disruptions to education.

Despite those conditions, the path that led to the end of Haitian TPS involved government decisions, lawsuits, and temporary extensions. DHS initially announced that Haiti’s TPS designation would terminate on February 3, 2026.

Court orders temporarily blocked the termination, but the U.S. Supreme Court later cleared the way for the federal government to end the protections. U.S. Citizenship and Immigration Services subsequently identified July 27, 2026, as the expiration date for TPS-related employment authorization.

The termination affected more than 350,000 Haitian TPS holders. Some may have been granted asylum, have a valid employment authorization document based on a pending asylum application, or have another immigration status that allows them to remain or work in the United States. Those without another lawful basis to remain are at risk of removal from the United States.

This is an extraordinarily difficult time for Haitian TPS workers who have been hardworking, contributing members of their workplaces and communities. If you also have an open claim for a job-related injury, you need to know how the end of TPS may affect your benefits.

Did the End of TPS Close Your Florida Workers’ Compensation Claim?

No. The end of TPS did not, by itself, erase a covered injury or automatically close an existing claim.

Immigration status and workers’ compensation involve different areas of law. Immigration law determines whether you may remain and work legally in the United States. Workers’ compensation law determines whether you qualify for benefits because of a workplace injury.

Under Florida Statute § 440.02, the definition of an employee includes a person working under a contract for hire “whether lawfully or unlawfully employed.” It also specifically includes aliens and minors.

This provision is relevant to Haitian workers whose TPS has ended. While your TPS-related employment authorization was valid, you were authorized to work in the United States. If TPS ended after you were injured, the loss of that authorization does not undo the workplace injury or automatically terminate your existing claim.

Can Your Medical and Wage Benefits Continue?

Concerns about workers’ compensation after deportation often focus on whether medical treatment and wage payments will continue. Deportation can seriously disrupt both authorized medical treatment and wage replacement benefits.

Authorized medical treatment

Authorized medical treatment for a covered injury may include doctor visits, diagnostic testing, physical therapy, medication, injections, surgery, and follow-up care.

If you are deported to Haiti, you will not be able to attend in-person appointments with your authorized Florida doctor. You also should not assume that the insurance company will authorize a provider in Haiti or pay for treatment you obtain there without prior approval.

If you fear deportation, continue attending your appointments while you remain in Florida. Notify your workers’ compensation attorney immediately if you have one. If you are not represented, speak with a Florida workers’ compensation attorney as soon as possible. An attorney who reviews your claim can advise you about treatment issues that may arise if you are deported.

Wage replacement

Wage replacement benefits present different questions. These benefits are intended to replace part of the lost wages caused by an injury. Continued wage replacement after deportation is uncertain. The insurance company may argue that you cannot earn your previous wages because you lost authorization to work or are no longer available to work in the United States, rather than because of your workplace injury. This can lead to a dispute over whether your checks should continue.

A Florida workers’ compensation attorney must review the type of benefits you receive, your medical restrictions, and the facts of your claim before advising you about what may happen.

What Should You Do if You Have to Leave the United States?

Act while you still have access to your telephone, email, records, and doctors. Preparing now can make it easier to protect your claim if you are deported or otherwise required to leave the United States.

Whether you can continue receiving workers’ compensation benefits after leaving the United States depends on the benefits involved, your medical restrictions, and the facts of your claim. Preparing before you leave can help address treatment, payments, deadlines, and communication problems.

If you already have a workers’ compensation attorney, notify that attorney if you receive immigration paperwork, face possible deportation, or believe you may need to leave the country.

If you don’t have a workers’ compensation attorney, speak with one promptly about protecting your injury claim. A workers’ compensation attorney cannot replace an immigration attorney, so you should seek separate immigration advice about any status, application, or defense that may allow you to remain in the United States.

Choose a trusted person who can communicate on your behalf if you must leave unexpectedly or lose access to your telephone or email. Give that person your claim number, the insurer’s name, information about upcoming appointments, and your attorney’s contact information if you are represented.

You should also save paper and electronic copies of:

• Medical records and test results
• Current prescriptions
• Work-status reports and restrictions
• Benefit checks and insurer correspondence
• Upcoming appointment information
• Your claim number
• Your attorney’s contact information, if you are represented
• Immigration notices and identification documents

Some parts of the claims process may continue while you are outside the United States. Depending on the circumstances, you may be able to sign documents, attend a deposition remotely, or participate in mediation by video. If you are represented, you may also be able to communicate with your attorney electronically.

Keep your contact information current with your attorney and with others involved in administering your claim. Provide a reliable telephone number, email address, and physical address. A loss of communication can make it harder to meet deadlines, respond to the insurance company, or present evidence supporting your claim.

While you’re still in Florida, continue attending authorized medical appointments and following your doctor’s restrictions. Be truthful about your identity, wages, physical condition, and activities. Florida law imposes serious penalties for knowingly making false or misleading statements to receive benefits. If you don’t understand a document or question, seek legal guidance before signing or responding.

Frequently Asked Questions

Does deportation automatically close my claim?

No. Deportation does not automatically close a Florida workers’ compensation claim. However, it can interfere with treatment, wage replacement, communication, and participation in the claims process. If you have a workers’ compensation attorney, notify that attorney immediately if deportation becomes possible. If you’re not represented, seek legal guidance promptly.

Can I participate in my workers’ compensation claim from Haiti?

Deportation does not automatically close your claim, but living outside the United States can make participation more difficult. Whether you can sign documents, attend required proceedings, and complete other parts of the claims process from Haiti depends on the requirements and facts of your case. Keep your contact information current and speak with a Florida workers’ compensation attorney before leaving whenever possible.

Will I continue receiving checks now that TPS has ended?

There is no single answer. The insurer may argue that you cannot earn your previous wages because you lost authorization to work or are no longer available to work in the United States, rather than because of your workplace injury. A Florida workers’ compensation attorney must review your benefits, medical restrictions, and the facts of your claim before advising you whether your checks may continue.

Do I need a workers’ compensation attorney or an immigration attorney?

The two attorneys address different legal issues. A workers’ compensation attorney can advise you about medical treatment, wage benefits, deadlines, and participation in your injury claim. An immigration attorney can advise you about your immigration status, authorization to work, and possible removal from the United States. Depending on your circumstances, you may need guidance from both.

What should I do if I have to leave the United States unexpectedly?

Contact your workers’ compensation attorney if you have one, notify the appropriate people involved in your claim, and provide updated telephone, email, and physical address information. Keep copies of your medical records, work restrictions, claim documents, and upcoming appointment information. Ask a trusted relative to keep copies and help maintain communication if you lose access to your telephone or email.

Get Help Protecting Your Workers’ Compensation Benefits Now That TPS Has Ended

If you fear deportation and have an open workers’ compensation claim, it’s critical to understand this basic point: your case does not automatically close if you are deported. Immigration concerns and workers’ compensation rights are separate issues, and injured workers should get legal guidance before making decisions about their claim.

Throughout Founding Attorney Lyle B. Masnikoff’s 23-year career, he has represented countless injured workers who were working under TPS. Our firm has safeguards and procedures in place to continue protecting clients’ claims, including when a client may be forced to leave the United States.

If you or a loved one has an open workers’ compensation claim and is concerned about immigration status, contact us for a confidential, free consultation. We practice throughout Florida, and you can reach any one of our offices at (866) 519-3831 or contact Lyle B. Masnikoff & Associates online.

At Lyle B. Masnikoff & Associates, we will go the extra mile for you!

Copyright © 2026. Lyle B. Masnikoff & Associates, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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West Palm Beach, FL 33401
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