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Eight months later, the contractor is still lying about your SSDI and immigration status

“8 months after falling through a roof opening in Des Moines can I file a claim if I am undocumented and on SSDI or will I lose my benefits and get deported”

— Miguel R., Des Moines

An undocumented worker in Des Moines can still pursue a claim after a roof fall, and SSDI usually is not the benefit that gets wrecked by a settlement.

If you fell through an unsecured opening on a roof in Des Moines, your immigration status does not erase the claim.

And SSDI usually is not the benefit that a settlement blows up.

That second part is where a lot of people get fed garbage for months.

The lie contractors use because it works

A contractor who put you on a roof without guardrails, covers, harnesses, or warning lines already knows the job went bad before you hit the ground. On windy spring days around Des Moines, that kind of job gets even more dangerous fast. Everybody here knows what March and April can do. The same gusts that shove semis sideways on I-80 and I-35 do not magically become safe when you are standing near an opening on a roof.

So the pressure campaign starts.

Stay quiet. Do not file anything. If you complain, immigration will hear about it. If you get money, Social Security will cut you off.

That is the play.

The first threat is meant to keep you scared. The second is meant to keep you confused.

Undocumented does not mean unprotected

In Iowa, an undocumented worker can still have a right to bring an injury claim. A contractor does not get a free pass on basic safety because the worker is undocumented. If there was an unsecured opening on a roof at a site in Des Moines, whether near East Village renovations, a warehouse job south of downtown, or a residential tear-off on the west side, the real question is what safety rules were ignored and who controlled the site.

A roof opening is not some weird freak accident. It is a known fall hazard. It should be covered, guarded, marked, or otherwise secured. If it was left open and somebody fell through, that is the kind of failure people sue over for a reason.

The contractor also does not get to use your status as a club to shut the whole thing down.

SSDI is not SSI, and that difference matters a lot

Here is what most people do not realize: SSDI and SSI are not the same program.

SSDI is disability insurance based on work credits. It is not means-tested the way SSI is. So a personal injury settlement usually does not knock you off SSDI just because you received money.

That fear is often misplaced.

The bigger issues are usually these:

  • whether you also receive SSI or Medicaid
  • whether the settlement includes lost wages that affect other benefits
  • whether Medicare has a reimbursement claim if it paid for treatment
  • whether the way the settlement is structured creates avoidable problems

If you are on SSDI only, the mere fact that you settle an injury claim does not usually mean Social Security says you are no longer disabled or cuts the check off. A lot of workers hear "Social Security" and think every program works the same. It doesn't.

This is where the runaround gets ugly. An employer or insurer says "you'll lose your disability" because it sounds believable, and because they know plenty of injured workers do not know the difference between SSDI and SSI.

The real money problem is often Medicare, not SSDI

If you are on SSDI, you may also be on Medicare after the waiting period. Medicare can demand reimbursement for accident-related care it already paid for. That is real. It is not the same thing as losing SSDI eligibility.

So if you had surgery, ambulance transport, rehab, imaging, or follow-up treatment after the roof fall, somebody needs to sort out what Medicare paid and what gets repaid from the settlement. That can slow a case down, but it does not mean the claim is dead.

And it definitely does not mean the contractor was right to scare you into silence.

What matters in a Des Moines roof-fall case

Eight months out, evidence starts disappearing. That is a problem.

Roof work changes fast. Openings get covered. Crews move on. Subcontractors blame each other. The site looks totally different by the time anyone asks serious questions.

So the important facts are the boring, brutal ones:

Was the opening covered? Was the cover secured and marked? Were there guardrails? Were workers given harnesses? Who told you to work there anyway? Who controlled the jobsite that day?

In Des Moines, a lot of construction work is done by layers of contractors and subs. The company paying you cash may not be the only one with exposure. The property owner, general contractor, roofing contractor, or another subcontractor may all start pointing fingers.

That does not make the case weaker. It just means nobody wants to hold the bag.

Weather is not a magic excuse

Even when weather is part of the story, negligence still counts. High winds, slick surfaces, spring rain, and sudden cold snaps do not excuse an unprotected roof opening. If anything, bad conditions make safety precautions more necessary.

The defense loves to say the fall was just an accident, or weather-related, or the worker "should have seen it." That argument gets thin fast when the hazard was a hole in a roof that should have been secured in the first place.

If you are undocumented and on SSDI, the contractor's favorite version of this scam is simple: scare you with deportation, confuse you about benefits, and wait for the deadlines and evidence problems to do the rest.

by Hieu Nguyen on 2026-03-23

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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