U.S. Supreme Court passes on illegal immigrant workers’ comp case
March 16, 2011 by Fred HosierPosted in: In this week's e-newsletter, Injuries, Latest News & Views, new court decision, What do you think?, Workers' comp
PDF Don’t look for the U.S. Supreme Court to decide whether federal law preempts state laws requiring workers’ comp coverage for employees who are illegal immigrants.
The nation’s highest court recently passed on hearing such a case. The question of illegal immigrants and workers’ comp coverage is now officially up to the states.
This is the case the Supreme Court passed up: Antonio Garcia Rodriguez, an illegal immigrant, was injured while working in Louisiana. He applied for workers’ comp benefits. Various courts all upheld comp benefits for the worker. The employer, Vaughan Sheet Metal & Roofing, appealed to the Supreme Court to settle the matter.
In its appeal, Vaughan noted that there is no general agreement among states on whether the Immigration Reform and Control Act (IRCA) of 1986 preempts state workers’ comp laws. The IRCA prohibits illegal immigrants from working in the U.S.
Courts in Virginia, Nevada and Michigan have decided that illegal immigrant workers aren’t eligible for workers’ comp benefits when they’re injured.
Opposite rulings have come from courts in Louisiana, Minnesota, Pennsylvania, Georgia and Washington, DC.
Vaughan suggested the Supreme Court establish a precedent which would allow illegal immigrants to receive necessary medical benefits but not wage replacement payments.
Georgia, Montana, New Hampshire and South Carolina are considering legislation which would prohibit illegal immigrants from receiving workers’ comp benefits when they’re injured.
However, if those bills become law, the next question is whether the illegal immigrants could then file civil lawsuits for injuries, since they do not have the “exclusive remedy” of workers’ comp.
Barring illegal immigrants from also filing civil lawsuits might present constitutional questions, according to some legal experts.
What’s the solution when illegal immigrants, employed by a company in the U.S., injure themselves? Let us know what you think in the Comments Box below.
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Tags: exclusive remedy, illegal immigrant, Immigration Reform and Control Act, U.S. Supreme Court, Workers' comp
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March 16th, 2011 at 12:24 pm
I’m sorry but I just cant stand this… You are telling me that someone who doesn’t pay their taxes, is here illegally, and is taking jobs away from actual American Citizens can now collect Workers Comp?!?! While you are at it why don’t you give them social security that they didn’t contribute to or give them free tuition because they are a minority… If you want to be a citizen of the United States then do it the right way… And if the system for becoming a citizen is too much work or isn’t functioning correctly then FIX IT! If every illegal immigrant were to be here legally, we would be collecting more taxes thus helping us rid ourselves of this massive debt we have…
March 16th, 2011 at 12:58 pm
Once again the government decides to sidestep an issue. Yes, I am against illegal immigration, however if a company decides to hire one I feel they should be held responsable, not workers comp. I think the company should be forced to pay all medical bills and also be charged a fine for a illegal hiring. The worker after being treated and released by a Dr. should then be handed over to immigration for deportation. I am all for immigrants coming to our country and realize that our country was founded on that happening, but it must be done within the laws of our system.
March 16th, 2011 at 2:16 pm
Very nicely put! Great idea for getting back some of the money we have been losing.
March 22nd, 2011 at 8:13 am
Illegal is illegal. if there here illegally send them home. Do not give them millions of dollars because they got hurt in an illegal activity(working without proper documentation). Also make the company responsible for their medical bills and deport them as soon as their well enough to travel. Giving them a settlement for millions of dollars if hurt is ONE of the reasons they are comming here to work. They make good money if they come here to work and if they get hurt (like the two in New York that broke their legs) they get millions in compensation and are sent back to Mexico to live like kings and never have ot work again.
Lets go to America and play the workers lottery!!!! YEA!!!!
March 22nd, 2011 at 9:16 am
Illegal immigrants pay taxes too and they don’t get nothing back. If you don’t want illegal immigrants don’t hire them, but since no one wants to do the jobs they perform companies have no options.
March 22nd, 2011 at 11:05 am
I get so sick of people saying illegals do the jobs Americans don’t want to do- There are people for every job. Let’s see, lose my home or work in the field? I think I’d work. I get so tired of the word illegal being down-graded to “undocumented”. I get angry when employers are gently asked to not hire Illegals and have very little to no punishment for doing so. This should be all so easy. Don’t hire them- or I will fine you and you will lose your company. Send their butts home- no matter where that is. Deportation is cheaper than welfare, schooling, medical, and jail. No workman’s comp. no food stamps, no automatic citizenship for kids- one parent needs to be us citizen- no anchor babies, no free public education- make them pay non resident rates like colleges do. Let your no mean no-what ever happened to America’s Big Stick?
March 22nd, 2011 at 3:17 pm
I am an immigrant that has to pay for her “green card”. It makes me very angry when I see workers show a social security card and a permit to work in the US, which I know is forged. I raised the issue once with our HR and almost got fired for rocking the boat. My company doesn’t want to use E-Verify because they would lose their workers due to inappropriate documentation. I know we have several illegal workers on site. While I think they are nice young men, I am extremely bothered by this. I wish I didn’t have to lodge a complaint with Homeland Security via phone which could be traced, or I would complain.
We pay worker’s comp benefits to our injured illegals and they learn pretty quick that if they have a disabling injury, they will get a settlement at the end. Sad and infuriating at the same time.
March 24th, 2011 at 7:48 am
Soooo … if you have a bad job, high degree of risk, you accidently hire someone with questionable paperwork. If they get hurt you and your carrier probably have an easy out from your ethical duty to compensate because of the unsafe work conditions? By the way, I’m a Tea Party Conservative.
March 24th, 2011 at 9:38 am
No. You don’t have an easy out. You have a responsibility to get them medical care and deported on your own dime for hiring a questionable (read ILLEGAL). Without the right to sue for the big bucks, maybe the illegals will be inspired follow proper channels and qualify for the rights of a citizen(which they are not). Then, maybe you will find the dilligence to hire legal workers. Then, maybe laws will be laws and not mild suggestions without repercussion.
March 24th, 2011 at 1:31 pm
The company that hires the illegal immigrant should be required to pay medical costs for the injuries only. No lost time pay. Comp should not be in the discussion at all.
March 25th, 2011 at 5:14 pm
My .02 cents.
Certainly a lot of companies would really be struggling against their competion (who has similiar practices of hiring) if they did not hire ‘illegals’. Agricultural, waste collection, construction laborers etc I am alluding to.
Any company doing illegal hiring should be on the hook for any injured employees meds. Then yes call INS and away he or she goes back to their homeland.
What about when the employee is injured and the question arises about legality. If they are not legal should they not be back charged (the employer) SS payments that go to the national fund on top of their medical obligation?
That could amount to substantial amounts.
Follow this folks…I knew years ago of a company that had a policy when an applicant came in and his or her SSN number was rejected…They were given 2 more opprtunities to reapply. It was written and I still have the memo from HR.
What the FBI states on their sites is you are to contact them when you come across afraud SSN with an applicant…they state “Those who knowingly provide illegal workers with the means of getting a job violate federal law, as do the employers of illegal immigrants.” SOme guys went to prison in Atlanta some years ago and that was menat to set a precident. It apparently did not.
Regards and lost pay? No way.
John
April 12th, 2011 at 5:56 am
I do the hiring at our company. we never deliberately hire illegals. we verify SS # against info given. Having said that, we have had cases of illegals working for us. The federal gov. ties our hands as far as asking questions that need asked. yes, a person can fill out their I-9, check that they’re a citizen, give me two very realistic documents of ID, and i can do nothing else.
As for the matter of giving people jobs Americans won’t do…you bet they won’t. when we’re hiring, 90% of my apps are from Hispanics. And they do the job well without expecting to own the world when i hire them. unlike the kids i get in who work a few days, then complain that they should be making more money, or would work harder if they were making more money; who miss work regularly, or arrive late…for every one American citizen i can get to take the job, own the job, keep the job, i have 5 resident Aliens who will work harder, take pride in their work, and hey, actually show up for the job!
It’s a complicated question…
April 12th, 2011 at 9:25 am
When an Illegal immigrant you hire gets injured doing work for you, there are two options:
1) You’re on the hook for their injuries, medical care, AND wages to the same limit as your state’s worker’s comp plan as the injured worker’s EXCLUSIVE remedy, or
2) You don’t cover it and the illegal worker has the right to sue for damages under standard tort law.
Unless and until there is a significant penalty to the employer for hiring illegal immigrants and significant liability to that employer for work related injuries, this is much ado about nothing. The absolute numbers of illegal immigrants deported has steadily increased every year since 2003. We can deport people all day long; until the consequence outweighs the benefit, employers will continue to hire and workers will continue to come for the jobs.
…And I’m a very liberal Democrat.
April 12th, 2011 at 10:35 am
I believe that the company that employed the illegal immigrant should bear the full cost of medical treatment.
They decided to hire an illegal, they should bear the cost!
Lesson to be learned is do not hire illegal immigrants.
April 12th, 2011 at 11:38 am
Becky,
Resident aliens are not illegal, “undocumented” illegal aliens are the subject. They pass themselves off as alien residents. No alien residents have been harmed in the discussion of this subject- they should have full benefits for coming legally and being hard working people who follow the laws. Sure, many Americans do seem to have entitlement issues. Sure, America has it’s brats who’s parents taught them they deserve without having to earn. How hard would you work for those wages?
May 19th, 2011 at 4:00 pm
Remember people the reason that we have so many illegals working is very simple.
Because us Americans don’t want to do the jobs that they do. And the ones that does them they only work one or two days get pay and then expend it in alcohol n drugs. The illegal expended in helping their families. Remember that and the talk.
July 13th, 2011 at 6:47 pm
Who says illegal immigrant workers don’t pay taxes!? When they get their checks every week, all Federal and State taxes have already been deducted, Social Security too! (Even though they’ll never see a dime of SS benefits).
Yes, I know they list 9 dependents so that the taxes deducted are the minimum, but taxes are STILL deducted (just a lesser amount).
Illegal immigrants sometimes try to do the right thing by filing for ITIN (individual taxpayer identification number) and do their taxes so that maybe, someday, if there is an amnesty process, they will have all their tax filings in order.
Those that don’t do their taxes every year, then they just forfeit whatever amount they were deducted that year. Either way, THEY PAID TAXES!
July 14th, 2011 at 10:21 am
SOMETIMES they pay taxes- Always is a big word- just like Never. Sometimes they work under other people’s ssn and the others benefit from these contributions. Sometimes they work under the table; sometimes they are listed as contractors and are expected to pay their own taxes- which many don’t. Please show me the numbers that tell me that hosting and providing social services for a large number of people who have commited a crime as their first act in our nation- then perpetuated this crime and forced their unwitting children and employers to be accessories after the fact- is a beneficial thing in these times of unemployment, budget crunching and cuts to schools and social services to our own citizens.
I really have a hard time with sheople who say great guy hard worker- just doing for his family- this does not make him legal. Ted Bundy was charming- but a murderer.
July 15th, 2011 at 7:57 am
An illegal immigrant is just that - illegal. No benefits. No compensation. Just a one-way ticket to wherever they came from. This country has enough trouble supporting those who have a right to be here. We don’t need illegals sucking us dry even more.