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.
"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?