Three huge settlements for workplace injuries to illegal immigrants
July 21, 2009 by Fred HosierPosted in: In this week's e-newsletter, Injuries, Latest News & Views, construction safety, cost of safety, new court decision
In the last two weeks, three undocumented workers have reached settlements totaling $3.85 million for workplace accidents in New York.
A lawyer representing the three men said the message to businesses is clear: If a company employs an illegal immigrant and that person gets hurt on the job, the employer is still responsible financially.
All three were in construction but working on different projects.
An illegal immigrant from Mexico was scalded over large portions of his body by an exploding pipe at a Wall Street construction site and settled his case for $2.5 million.
A second undocumented Mexican worker suffered severe injuries to his left foot and other parts of his body when a beam fell on his lower body at a building site in Manhattan. The worker settled his case for $750,000.
The third worker, from Ecuador, was injured at a construction site in Queens when three 44×10-foot trusses, each weighing 200 pounds, fell on him. He suffered a fractured hip and other injuries. His settlement is for $600,000.
This worker said at a news conference, “The contractor tried to blame me.” When asked what message he would give to other workers, he said, “Don’t be afraid to talk to a lawyer.”
Joel Magallan of Asociacion Tepeyac, an immigrant advocacy group, said, “They [undocumented immigrants] have to know today that they have rights — the same rights as other workers who are U.S. citizens or permanent residents.”
Let us know what you think of this story in the Comments Box below.
Tags: construction, illegal immigrant workers, workplace accidents
Loading ...
June 29th, 2009 at 3:54 pm
My question is, did the firms have knowledge that the workers were here without approp[riate documentation? If they did, it’s risk you run when you employ those here illegally. I’m also greatly disappointed that the “undocumented” have the same rights as those who come here legally. What is the incentive to come here under the requirements of United States laws, when you get the same rights by sneaking into the country to avoid the system? When are we going to say, it is not alright to come here without going through the required parameters to gain the documentation? As long as we look the other way to undocumented entry into the country, there going to be those who pray on the undocumented. Two wrongs, do not make a right!
June 29th, 2009 at 4:11 pm
I can see why the courts awarded them the money since regardless of their status, they’re still hurt. But, they should immediately be deported without a chance of coming back since they were illegal to begin with. Also, the US government is at fault as well, due to the fact that when an illegal is using someone else’s SS#, the govt sees that in the withdrawals. The know how much money you make and you can’t work two full-time jobs at one time. The US government takes that money and puts it into the pot. It’s a big moneymaker for Uncle Sam. That may sound controversial or conspiratorial, but the extra SS doesn’t go to the illegal alien or the victim of the identity theft either as extra benefits.
June 29th, 2009 at 4:51 pm
I am troubled too to hear that undocumented individuals can be so easily hired and work in this country. There are some contractors working in my area that hire undocumented individuals and try not to pay them prevailing wages for jobs that require it. It is good that if illegals are hired and hurt on the job they are protected - however, we need to stop contractors from hiring people without documentation.
June 29th, 2009 at 5:51 pm
In 1992 I had a workers compensation injury that broke six vertrabra in my back and seperated my shoulder. My driller on a derrick pulling unit did not lock the break down and 6000 pound blocks dropped 89 feet hitting me in the left shoulder seperating it and breaking my back. It seems to me that the injuries I suffered were more life threatening than a broken foot, broken hip, or being scalded. I collected only 35,000 for this scheduled injury. Has I been six inches farther to my left the blocks would have cut me in half by smashing me between them and the tongs. I guess being an illegal it takes more money to heal your wounds. I feel these were excessive awards. If you are going to punish an employer for hiring illegals then fine them. These excessive awards are only going to hurt every busness accross the board due to higher premiums and the illegals will be laffing all the way to the bank.
June 30th, 2009 at 8:28 am
1st the company should pay because they hired illegals. Then to say that they have the same rights as someone that has gone throught the process to obtain proper documentation or have the same rights as me is bulls___. This is a lawyer that saw a chance to make an easy dollar and a “name” for himself.
I agree with the writer that says to put them on a plane and get their butts out of here.
I am a safety director and not HR, but isn’t there a paperwork trail that is required by the government needs to be completed in order to hire someone. The company that hired these guys should be fined also.
July 22nd, 2009 at 8:26 am
‘Don’t be afraid to talk to a lawyer…”
What a great country we live in! The United States of Unlimited Ability to Scam
July 22nd, 2009 at 9:21 am
I am a safety training consultant, and the driving point for me getting into this field is the health and safety of people. For that same reason, I have been a volunteer fire fighter for over 40 years. Having said that, I have some definite opinions on this matter.
First of all, if someone is in this country illegally, isn’t the operative word “ILLEGALLY”? Let them go through the legal process, become a taxpayer that will contribute to our economy, and only then, have the same rights as those who are here legally and follow this country’s laws. Then and only then they should be eligible for compensation and civil settlements. As for the employer who hires these illegals, I have no sympathy whatsoever. They should pay the maximum fines allowable under the law. They hire these people out of their own sense of greed and pay them very little, sometimes less than our minimum wage requirements. I just can’t feel sorry for any of these folks.
July 22nd, 2009 at 10:05 am
I feel these settelements are unjust. I do believe that the employer should be responsible for the medical care related to the injury, but additional compensation above that for people who break the law demonstrates the issues with our legal system. These gentlemen should have received their medical treatement and immediately been deported. Only when we begin to treat criminals like criminals will we be able to pave the way for immegration reform.
July 22nd, 2009 at 11:15 am
I am a general superintendant for a large steel erection out here in the west. My question is: are these so called workers with rights on union pay roll or just some off the wall non union contrator?
July 22nd, 2009 at 12:07 pm
Illegal should mean illegal….never should illegals get the same rights as legals. My grandparents came here and entered the US going through all of the proper channels to become citizens! They took pride in the fact that they WORKED for what they got! They didn’t get assisted by Welfare or Social Security things that were started to look out for Legal citizens! I resent being responsible for people who have no problem taking what does not belong to them…lawyers are stealing from our system and this needs to stop!
July 22nd, 2009 at 1:36 pm
Again these people are learning how to sue. Look at the NJ case where an illegal day worker taunted the homeowners dog, pushed the mans wife and when the dog attacked him, sued the homeowner and won. If actually paid these settlements after appeals, they can go home and retire. It doesn’t even matter if theydid it on purpose. They were injured on the job. How many legal people would hurt themselves and retire well off if they had the chance? Quite a few.
It’s hard to tell who’s who with all the fake SS Numbers and faked documentation out there.
The other problem is there are NO safety programs in their homecountries. They’ll do anything they’re told no matter how unsafe.
July 22nd, 2009 at 1:51 pm
This is New York state law for WC. One of the most pro-employee worker’s comp states, and another reason they’re going broke. If you do research, you’ll find just about all the “nanny” states are going broke because of their liberal laws.
Irrespective of that, if you break a law and get injured, you should be entitled to the bare minimum WC “exclusive remedy.” I also suspect that since these were construction jobs, they were probably union employees, which, in many places, are given a cursory document check by the company which hired them.
July 22nd, 2009 at 2:11 pm
In response to LEU’s comment, you are correct in most of what you say. However, I have very serious doubts that illegal immigrants are union members. If a union is accepting this practice of hiring illegals over the normal American work force, I have a problem with that union. I was a union member for much of my working lifetime, and never would any of us have accepted that type of practice. These were probably non-union contractors looking to save a buck by hiring cheap labor.
July 22nd, 2009 at 2:30 pm
There are so many topics that seem to follow the same trends with respect to this country. Corporate greed, illegal workers, corrupt politicians, bailouts, etc. You people don’t get it - NOTHING WILL EVER CHANGE unless you get off your buts and do something about it. Everyone talks so tough behind the screen but doesn’t act on anything. Call your local/state/fed representatives, act with your vote. Stop voting for pols on ridiculous issues such as abortion rights for women or cellular research and start weeding out the corrupt machine that currently is our government. I live in a nanny state and I can’t stand it anymore. I call, email, and snail mail my reps but my one voice alone can’t do anything, you people need to step it up. Stop complaining about illegals getting compensated and start fixing the problem from its root. If not - start learning french b/c we’ll be as socialist as the frogs in no time.
July 22nd, 2009 at 3:21 pm
The contractor or company made a decision to hire these individuals without proper documentation. In doing so, like all of their other employees, they assume finanacial responsibility for this individual should a legitimate injury occur. Consequently, a businesses pays their premiums so that an insurance policy is in place for accidents that may occur. Irregardless of your citizenship status, ethnicity, gender, etc…, if you are hurt why wouldn’t the hiring company be responsible for your injury. Sure the company should do a better job of hiring to ensure documented individuals are hired first, but if they make this mistake they live with the consequences just as if a documented worker is injured.
I respect the feelings written by other individuals, but you can’t turn this into a discussion about how disgusted you are with immigrant rights. This is a workers’ compensation case like any other and therefore injured workers should be compensated as the insurance adjusters, doctors and judges see fit.
Don’t get me wrong attorneys are definitely guilty of trying to squeeze out every penny for a settlement, but that’s a whole other issue.
July 22nd, 2009 at 3:31 pm
Lawyers are the curse of this country - and this proves it! How can a person LEGALLY collect WC if they’re ILLEGAL in the first place! I suspect we’ll see a lot more of this type of ‘injury’ once a few more catch on to this scam! And that’s exactly what it is. Now that they’ve collected they can afford to GO BACK TO THEIR HOME COUNTRY and begin the process to come to the US on a legal visa. This story is outrageous! These guys are receiving MUCH BETTER care than our own veterans!
July 22nd, 2009 at 4:47 pm
It is a sad state of affairs when our legal system rewards illegals for breaking the law. I think the judges who ruled on this should be fired and deported with the rest of the illegals in this country. I guess these idiots are saying to the world just come to the US, fake an injury, and win the lottery! This is absolutely ludicrous! If these judges want to sellout our country, they don’t deserve to be here.
July 22nd, 2009 at 4:49 pm
Are you kidding me…….I agree with the lawer that they have rights, but they do not, and I repeat do not have the same rights as an AMERICAN CITIZEN. They are here ILLEGALLY!!! I do not know what country you are in, but it just seems like we have become a nation of the blame game and schurkers and sue happy!! If you come into this country ILLEGALLY then you have forfeited your rights. We as Americans must stop the useless suing, illegal aliens compensation claims, and the rest of the BS. These persons DO NOT PAY TAXES(illegally here)…so guess what, in the end, with corporate restructuring, downsizing and layoffs in the end……we AMERICAN CITIZENS pay for it.
July 23rd, 2009 at 9:53 am
If they are here illegally, then they shouldn’t get comp. They do have rights, but I agree with Robert S above, they shouldn’t have the same rights as American Citizens. If they get hurt here in the states, ship them back to where they came from and let that country put the injured in a hospital and let that country pay for the medical bills. Illegal imigrants are illegal - what’s the problem? Kick them out of here.
July 23rd, 2009 at 1:08 pm
All this is saying is come to America illegally and get hurt on the job. You can collect a very large sum of money and be deported back home and live like a king the rest of your life.
I was almost killed in an accident in the oil field breaking six vertrabre in my back and separating my shoulder. I hired and attorney took my case to court and was given the scheduled payment for these injuries ($32,000) totaling about 1/10th the settelment one of these undocumented illegals did. Personally I feel that if their here illegally and the company did not know they should be treated and deported. If the company did know and hired them anyway the company should be fined and the fines given to the employed illegal then treat them and deported them. Requiring insurance companies to award these enormous sums of money is absurd. The insurance companies did not hire these individules. Why make everyone’s premiums go up because one company tried to make a few bucks extra?
July 27th, 2009 at 12:52 pm
As a Resident Alien who had to go through the process of coming into the country legally 15 years ago, and paying all the fees associated with that process, I have no sympathy for illegal aliens. Isn’t there a law that you cannot benefit from the proceeds from illegal activities if you were instrumental in that crime? Being here illegally is a crime, and working under that status is a crime, they should not benefit. This lawyer by the way, is an idiot and is looking to make a name and a quick buck out of this.
July 27th, 2009 at 12:55 pm
It is unfortunate that these employees got hurt. The lawyer that said that they have rights is correct. They have the right to enter this country LEGALLY, learn our language, and pay taxes like the rest of us do. The company that hired them should be fined for hiring illegals. It was not said in the report, but did these illegals understand what was told to them with regard to safety measures, did they even pay attention to what was being said. We have Spanish, legal workers employed, when we are giving our training on safety, they are talking spanish amongst themselves and not paying attention to what we are telling them to do or not to do. The bad news is that even with the economy as bad as everyone claims, we have a hard time getting employees that at least understand a little of the language of this country, ENGLISH. If people are doing things incorrectly because they are not told, that is our fault. But if they do something wrong because they do not want to listen, that is their fault and they should not be compensated for their non-caring attitude.
July 28th, 2009 at 1:52 pm
I have a couple of workers who were hurt on the job, immigrants, as soon as they could, they hired an attorney despite the fact they are getting paid benefits and all their medical is being paid. These ones are legal, thank goodness. But I know they feel that his is an easy way to make a living, getting paid for not working… they work it to the hilt. There is no incentive for the worker to get back to work after an injury… why should he, he’s getting paid for sitting at home.
Illegals have no rights as far as I am concerned. Any medical should be paid by the company, as well as the cost of deportation. That is the price of hiring an illegal. Companies should be made to do better research regarding documentation provided when hired. Illegals are very good at forging documents. GET LEGAL OR GET OUT.
July 28th, 2009 at 1:55 pm
Dan Kennedy…. my co mpany is union and I know that there are at least 6-8 illegals working here. This union doesn’t check out documentation, neither does the company…. as long as they can pay their dues, who cares. Everyone who knows about this afraid of loosing their job for saying anything. I made that mistake once and was reprimanded by corporate HR. I need my job, so I stay quiet now.