I have recently written on the proposal before the WCAC regarding undocumented workers being barred from collecting workers’ compensation benefits. If the proposal becomes law, it is clear that undocumented workers would not have the ability to recover workers’ compensation benefits. However, they would arguably be able to recover under civil law for pain and suffering, medical expenses, punitive damages and lost wages. Therefore, instead of the employer’s work comp carrier picking up the bill, the employer would be liable for benefits that could exceed the maximum recoverable under workers’ compensation.
WorkCompEdge recently posted an article concerning this very topic.
Many employers seem to forget that employees deprived of the remedy of workers compensation may pursue a tort liability suit against the employer. When that happens, the employer loses the protections under the workers compensation act and can be sued for pain and suffering, in addition to the medical costs and lost wages as a result of the injury, neither of which applies under workers compensation. Admittedly, workers compensation is an imperfect system, and its imperfections vary from state to state. Nevertheless most workers compensation stakeholders would argue it is certainly better than the alternative…an injured worker as a plaintiff in a civil tort suit in front of a jury of his or her peers. Instead of statutory limited benefits, the employer is exposed to open tort award.
The WCAC may want to take a hard look at this issue and whether employers would be willing to accept the possible liability.
Immigrant Labor and Legislation: Trends and Effects on Employers | WorkCompEdge
For many foreign born workers, obtaining medical treatment following a work injury can be extremely difficult. This can be due to misconceptions about the culture and language barriers.
Let me give you an example. The other day I was sitting in on a statement of my client to an insurance adjuster and their interpreter. Fortunately, for me and my client I had someone from my office sit in on the conversation. I found that often times the insurance companies interpreter, who was being paid by the insurance company, failed to accurately interpret my client’s statements. It became frustrating not only for my client but also for the adjuster.
- Limits sought on illegal workers’ right to comp | Bussiness Insurance
- Illegal immigrant wins comp cover | Business Insurance
- New analysis of workers comp laws and illegal workers | Working Immigrants
- 14% of Mexicans work in the U.S. | Working Immigrants
There are over 8.1 million illegal workers in the United States. Although they are here illegally, these workers are necessary to the workforce. The Perryman Group prepared an in-depth study on illegal immigrants and the effects they have on the US workforce.
Highlights of the findings include:
- The latest census data indicates that 1 of every 8 people living in the US is an immigrant, and approximately one-third of those immigrants are undocumented.
- Undocumented immigrants comprise a large component of the workforce in some industries and geographic areas.
- In 10 states, the percentage of undocumented workers as a share of the workforce equals or exceeds the national average of 5%. Arizona has the highest proportion with 12%.
The Perryman Group also measured the damage the loss of the undocumented workforce would do to the economy. The immediate negative effect of eliminating the undocumented workforce would include an estimated $1.757 trillion in annual lost spending, $651.511 billion in annual lost output, and 8.1 million lost jobs.
The study clearly shows that undocumented workers are needed to keep the US economy running, so there is no good reason they should not be entitled to the same protection under workers’ compensation as legal, documented workers.
A rich study of the illegal workforce’s economic impact | Working Immigrants
