Posted on 09/16/2005 11:22:53 AM PDT by JZelle
ESSEX, Md. -- State Delegate Patrick L. McDonough said yesterday he will propose legislation in the upcoming General Assembly to keep illegal aliens from receiving workers compensation. His decision follows a state Court of Appeals ruling Monday that upheld a lower court ruling that such compensation must be paid to illegal aliens. "The federal Immigration Act states you cannot aid or abet an illegal alien," said Mr. McDonough, a Baltimore County Republican. "It's a felony." The panel of seven judges ruled 6-1 that state law does not specify that an illegal alien who is an undocumented worker cannot receive compensation if injured on the job. "We have no doubt that the clear and unambiguous language of [state law] encompasses undocumented aliens," wrote Chief Judge Robert Bell.
(Excerpt) Read more at washingtontimes.com ...
If they weren't working they wouldn't be eligible for comp------easy!
ping
The basic deal that workers comp makes is that the employer is required to carry workers comp insurance for its employees and in return, the employees give up their right to sue for negligence.
If this law gets passed, then illegal alien employees who are injured on the job would then be able to sue their employer. The fact that the employee has illegal status is a separate issue with no bearing on the negligent tort.
Am I right? This bill would seem to be a trial lawyer's dream.
I would wager many outfits that hire illegals don't even carry worker's comp insurance.
Illegals = Criminals = Jail = Deportation
There are enough republicans in Baltimore county to elect a representative? Who knew?
Illegals = more needs and wants = more government aid = increased taxes to you
ROFL... Here's a solution:
Automatically give any illegal twice the worker's compensation from injury, with the employer paying anywhere from 50-100% of the compensation directly.
"If this law gets passed, then illegal alien employees who are injured on the job would then be able to sue their employer."
Sounds like good discouragement not to hire them.
I think you are right, except that an employer could argue that since an illegal would not be eligible for workers comp, he certainly shouldn't be able to milk the system with a tort claim. Regardless, I don't think workers comp can be seen as some sort of benefit paid for by the state. Employers have to have workers comp insurance as part of the cost of doing business. If illegals aren't covered by the insurance, then it's even cheaper for an employer to hire them. At that point, any costs get born by medical providers which in turn the government(either state or federal) will pay for or we will in the form of higher medical costs. Either way, this bill is silly and will only encourage the hiring of more illegals.
"If this law gets passed, then illegal alien employees who are injured on the job would then be able to sue their employer. The fact that the employee has illegal status is a separate issue with no bearing on the negligent tort. "
what's wrong with this? let the illegal sue him, put him out of business. then we sieze the illegals property and assets, and deport him.
then donate money to border patrol, less court fees, cost of transport, and a small cut to the state.
wait.. that all sounds like too much common sense justice doesn't it?
How could the Government legally seize the illegal's assets? The Government could not legally seize them.
Protect our borders and coastlines from all foreign invaders!
Support our Minutemen Patriots!
Be Ever Vigilant ~ Bump!
My brother-in-law and I were talking about this last week-end. He owns a roofing company. He said his Mexican employees have a strong work ethic and are less likely to claim workmen's comp than his other employees. If they get hurt they don't moan and gripe and complain. They just slap on band-aids and get back to work.
Post-Kelo all the govt would have to say is that the illegals assets would generate more revenue for the state under the management of the state than if we let them ship it back to some village in Mexico.
Easy-Peasy Lemon-Squeezy.
TITLE 18 > PART I > CHAPTER 46 > § 981
(1) The following property is subject to forfeiture to the United States
(D) Any property, real or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, from a violation of
(ii) section 1001 (relating to fraud and false statements);
TITLE 18 > PART I > CHAPTER 47 > § 1001
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch;
sounds to me if the guy used any fictitious documentation to get a job, any and all assets, obtained directly or indirecty (indirectly by filing for workmans comp) are seizable.
As mentioned by another poster, the public policy behind WC is to cover worker injuries, regardless of fault, without bankrupting employers through negligence suits. Usually an employee cannot sue for job injuriy unless the employer committed some intentional act.
In NJ, the law is that illegals do qualify for WC and no SS # is necessary. The reason is to make sure all workers are covered for job injury and do not have to rely on the state for treatment. Should an employer not have WC insurance, then the illegal goes to the hospital where taxpayers pick up the tab.
In NJ, if an employer does not have WC insurance, then the state picks up the cost of WC treatment, but the benefit is somewhat less generous. The state would then go after the employer for the costs. So negligence suits for workplace injury are not really an issue in NJ, unless there is some intentional act on the part of the employer that causes the employees injury. Illegals are allowed to sue in tort in NJ.
I don't see it. Did you find it in the penumbra?
"America First"
Summit on National Security
Presented by Chicago Minuteman Project
In affiliation with IFIRE
Saturday, October 15, 2005
9:00 a.m. to 4:00 p.m.
Christian Liberty Academy
502 W. Euclid, Arlington Heights, IL 60004
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Dr. Madeline Cosman, Medical lawyer, author and speaker
Yeh Ling-Ling, Executive Director, DASA
Susan Tully, National Field Director, FAIR
Kevin Fobbs, Chairman Ontario/Michigan Neighborhood Border Watch
Keith Butler, Michigan U.S. Senate candidate
David Gorak, Executive Director, Midwest Coalition to Reduce Immigration
Joseph Daleiden, Economist, public policy analyst
Carl Two Feathers Whitaker, Tennessee Volunteer Minutemen
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.
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