Last week, the D.C. Court of Appeals ruled that illegal aliens injured on the job, though working illegally, are eligible for workers' compensation.
The case in question was that of Palemon Gonzales, an illegal alien who was working as a busboy in a D.C. bar as a busboy on June 30, 2005, when a drunken customer threw a bottle that struck Gonzales in the eye. Due to the injury, Gonzales, required surgery to reattach his dislocated lens, and did not return to work until January 25, 2006.
When Gonzales tried to collect workers' compensation benefits from Asylum Company, the bar owner fought the claim, on the grounds that he was in the country and working illegally. However, the employer claimed that they did not know Gonzales was an illegal alien when they hired him.
According to court documents, Gonzales allegedly used his cousin’s green card, and presented himself as Armando Casarrubias when he applied for a job at the bar.
The Court ruled in the illegal alien’s favor, allowing him to receive about $11,000.
Despite his illegal status, the ruling stated Gonzales is entitled to workers’ compensation payments because doing so is “consistent with the principle that the [workers' compensation] Act is to be construed liberally to achieve its humanitarian purpose.”
Now we can add workers’ compensation to the growing list of incentives for foreign nationals to come here illegally, along with free medical treatment, free public education for their children and in-state college tuition in many states.
Comments
Thanks for posting this story, Dave, one I had missed in all the hoopla over The DREAM Act going down to defeat again.
All illegal aliens must be deported now. We do not want illegal aliens in the United State. We spoke on 11/2/10 and 12/18/10. Enforce the laws and the judges must deport illegal aliens.
"[...] construed liberally to achieve its humanitarian purpose.”
As they say on vdare, "It's not over until the Illegal alien wins in Court!"
Our Judiciary, chock full of gun controllers and communist traitors, needs to put in front of a firing squad.
Coming soon to a court near you - ANARCHY RULES!
Sometimes it seems like we're marching through quick sand.
Why not have an Agency enforce a firm backgroung check for a minimum fee. I am sure it would eleviate this problem of who has to flip the bill later. And thenafter fine those properly with the intent of defrauding the government.
We MUST vote the liberals out of the legal justice system and replace them with true conseratives. What a sad ruling. They should be jailed then deported.
Workers Compensation is an insurance. If someone was here illegally and purchased auto insurance and crashed a car - you would expect the insurance company to pay out - especially if they hit your car. Workers Compensation is not a regulatory authority. It is up to the employers who they hire and to ensure that all applicable laws are followed in that hiring.
Anti-immigration people here are REALLY not thinking this through. Let's say that illegals were not entitled to participate in the workers' comp system. Two companies compete. One has all illegal employees, the other all legal. If the illegal employer has no fear of workers comp claims, he can not only undercut the other one on price, because he has lower costs to employ them, but he will also not have as safe a workplace.
Under the silly "illegals should not get workers comp" rule, when illegals get injured, they go to the emergency room and get medical care, but the employer leaves the rest of us to pay for that care . . . the same way this bar owner wanted to get away with paying for his employee's eye injury. When the all-legal competitor's employees get injured, the competitor has to pay for that same care.
How is that fair to the hospital (eating the expense of care for illegals), the taxpayers, or the competitors who are not hiring illegals?
Here is a simple tip, cons: you do NOT want a system where employment laws do not apply to illegals, whether you are talking about minimum wage laws, workplace safety laws, unionization laws, or discrimination. Because NOT applying those protections to illegals only gives the employer more incentive to employ and exploit unprotected illegals!
I agree with B-Rob. Bottom line, the Employer gained a benefit from this employee, regarless of their legal status. The employer is mandated to provide workers compensation insurance to cover his employees. Therefore insurance should cover claim regardless of the employees legal status. W.C. is not the arena to deal with illegal immigration. As far as I'm concerned, I've seen more crooks as Employers than illegal alien employees.
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