Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

(MD)Lawmaker seeks to bar illegals from workers coverage
The Washington Times ^ | 9-16-05 | Gary Emerling

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 ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: aliens; illegalalien; immigrantlist; immigration; maryland; workerscomp
Navigation: use the links below to view more comments.
first 1-2021-25 next last
I can already tell you how this one ends up.
1 posted on 09/16/2005 11:22:53 AM PDT by JZelle
[ Post Reply | Private Reply | View Replies]

To: JZelle

If they weren't working they wouldn't be eligible for comp------easy!


2 posted on 09/16/2005 11:26:20 AM PDT by Mears (The Killer Queen)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 4Freedom; 4ourprogeny; 7.62 x 51mm; A CA Guy; ...

ping


3 posted on 09/16/2005 11:27:29 AM PDT by gubamyster
[ Post Reply | Private Reply | To 1 | View Replies]

To: JZelle

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.


4 posted on 09/16/2005 11:30:16 AM PDT by Parmenio
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mears

I would wager many outfits that hire illegals don't even carry worker's comp insurance.


5 posted on 09/16/2005 11:31:19 AM PDT by mlc9852
[ Post Reply | Private Reply | To 2 | View Replies]

To: JZelle

Illegals = Criminals = Jail = Deportation


6 posted on 09/16/2005 11:32:56 AM PDT by lilylangtree
[ Post Reply | Private Reply | To 1 | View Replies]

To: JZelle
Mr. McDonough, a Baltimore County Republican.

There are enough republicans in Baltimore county to elect a representative? Who knew?

7 posted on 09/16/2005 11:33:21 AM PDT by from occupied ga (Your government is your most dangerous enemy, and Bush is no conservative)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lilylangtree
Illegals = Criminals = Jail = Deportation

Illegals = more needs and wants = more government aid = increased taxes to you

8 posted on 09/16/2005 11:35:37 AM PDT by from occupied ga (Your government is your most dangerous enemy, and Bush is no conservative)
[ Post Reply | Private Reply | To 6 | View Replies]

To: JZelle

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.


9 posted on 09/16/2005 11:35:48 AM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Parmenio

"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.


10 posted on 09/16/2005 11:36:19 AM PDT by adam_az (It's the border, stupid!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Parmenio

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.


11 posted on 09/16/2005 11:37:12 AM PDT by Agog
[ Post Reply | Private Reply | To 4 | View Replies]

To: Parmenio

"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?


12 posted on 09/16/2005 11:46:50 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
[ Post Reply | Private Reply | To 4 | View Replies]

To: absolootezer0

How could the Government legally seize the illegal's assets? The Government could not legally seize them.


13 posted on 09/16/2005 11:51:31 AM PDT by Parmenio
[ Post Reply | Private Reply | To 12 | View Replies]

To: gubamyster

Protect our borders and coastlines from all foreign invaders!

Support our Minutemen Patriots!

Be Ever Vigilant ~ Bump!


14 posted on 09/16/2005 11:57:51 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: adam_az

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.


15 posted on 09/16/2005 12:11:02 PM PDT by rwa265 (I was blind, now I see)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Parmenio
How could the Government legally seize the illegal's assets? The Government could not legally seize them.

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.

16 posted on 09/16/2005 12:20:54 PM PDT by cryptical
[ Post Reply | Private Reply | To 13 | View Replies]

To: Parmenio

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.


17 posted on 09/16/2005 12:27:29 PM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
[ Post Reply | Private Reply | To 13 | View Replies]

To: Agog

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.


18 posted on 09/16/2005 12:40:01 PM PDT by KeyesPlease
[ Post Reply | Private Reply | To 11 | View Replies]

To: absolootezer0

I don't see it. Did you find it in the penumbra?


19 posted on 09/16/2005 2:11:52 PM PDT by Agog
[ Post Reply | Private Reply | To 17 | View Replies]

To: JZelle

"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



Tickets $35 prior to October 1st

$50 after October 1st

(Ticket prices include lunch if purchased by Oct. 7)

Pre-registration Required

For more information, call: 847-626-7818 or www.chicagominutemanproject.com

Mail to: P. O. Box 6148, Lindenhurst, IL 60046

Confirmed Speakers:



Chris Simcox, Founder of Minuteman Civil Defense Corps

Terry Anderson, The Terry Anderson Show

Robert Vasquez, Canyon County, Idaho Commissioner

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

Bonnie Eggle, mother of slain National Park Ranger, Kris Eggle

.

Invited speakers:

Tom Tancredo, Colorado Congressman (Team America)

Jim Gilchrist, Minuteman Project and California Congressional Candidate
Steve King, Iowa Congressman


20 posted on 09/16/2005 3:43:34 PM PDT by chicagolady (Mexican Elite say: EXPORT Poverty Let the American Taxpayer foot the bill !)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-25 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson