IIRC, this isn't the first court to say this. I believe the last time something like this was posted on FR was 3 or 4 months ago and it seems to me that the court was in the SE US.
Anyone else recall?
Posted on 10/21/2005 3:50:45 AM PDT by pitinkie
Undocumented workers who are hurt on the job are entitled to workers' compensation benefits, a state appeals court ruled.
The 2nd District Court of Appeal made the finding in a case involving Torrance-based coffee roaster Farmer Bros. Co., which had tried to deny workers' comp benefits to an employee who was in the country illegally.
The company argued that federal immigration laws superseded the state's workers' compensation system, which provides medical care and disability benefits to injured employees.
The court disagreed, upholding an earlier decision against Farmer Bros. by the state Workers' Compensation Appeals Board.
"California law has expressly declared immigration status irrelevant to the issue of liability to pay compensation to an injured worker," the three-judge panel said in a unanimous ruling issued late Monday.
A Farmer Bros. spokesman did not immediately return a message left after hours at the company's corporate headquarters.
Experts said the ruling marked the first time a California appeals court confirmed that illegal immigrants have a right to workers' comp benefits.
The plaintiff in the case, Rafael Ruiz, 35, claimed he injured his shoulders, back, neck and hands by repeatedly lifting heavy sacks of coffee beans, according to his attorney's case file.
San Leandro attorney Kari Krogseng, who filed a brief on behalf of the California Applicants' Attorneys Association, which represents injured workers, said the decision affirms "both the common sense application of California law and what every other court in the country has routinely found: that federal immigration law does not pre-empt state workers' compensation laws."
Advocates for tougher immigration control criticized the ruling.
"We can't reward people for breaking the law," said Andy Ramirez, a spokesman for Friends of the Border Patrol, a Covina-based group that sends members to patrol the U.S. border with Mexico.
"Employers of illegal aliens should be charged and prosecuted to the full extent of the law."
The state Department of Finance estimated that 2.6 million illegal immigrants live in California.
Carolyn
I agree 100%.
IIRC, this isn't the first court to say this. I believe the last time something like this was posted on FR was 3 or 4 months ago and it seems to me that the court was in the SE US.
Anyone else recall?
Can someone remind me, exactly what is the advantage for being a citizen of the US?
susie
Of last THREE Mexicans my company hired: One worked three weeks before "twisting his ankle" (no one saw the incident)..he has now been on workers comp for ONE YEAR.
The second worked TWO DAYS before "smashing his finger", he did not see a doctor as ordered..but claimed his finger "will never be the same"..he is now drawing workers comp until the matter is settled.
The third one has called in every other day now because his "back hurts"..the claim is not far away.
Yet..my employer still thinks Mexicans apply here to WORK.
Protect our borders and coastlines from all foreign invaders!
Support our Minutemen Patriots!
Be Ever Vigilant ~ Bump!
Don't try to make it sound as if you can't fire someone!
If the employee upon being given the opportunity to correct identification errors cannot do so, the employer is required to dismiss him/her.
Tell your boss to go to their homes and he'll find out they are probably all working at another job.
The illegal alien is no more a criminal than the employer who hires him. This knife cuts both ways. If you hire them you are respinsible for them. You are saying that an employer can hire illegals for the most dangeroius jobs because he knows he wont have to pay them if injured and that is not right.
You must re-read my post. I said: "Anyone who knowingly hires an illegal alien should be subject to criminal prosecution."
Yup... This is a good ruling. Part of what makes hiring illegals attractive is the idea that no employment laws apply to them. Nailing these sleazy employers for workman's comp, minimum wage, and other laws will help to keep legal residents competitive in the workplace. If Juan is just as expensive to employ as LeTyrone, then LeTyrone has a better shot at getting the work that "Americans won't do".
Your post is correct.
"My understanding is tht WC is charged to employers by the state at a rate for a given job. Employers are charged much more for drilling & blating than clerical work, and "benefits" are paid from an industry-wide pool. Having more incidents, all employers, not just the one in question, have to pay more. (Purposely skipped the EMR talk)."
Some of your info is not correct. Different jobs do have different rates. But the CA WC system is handled by private insurers and they pay the benefits. In reality, the company is screwing the insurance company, since they have to pay benefits for a worker who should never have been there. However, the company gets screwed back when their rates go up.
What this article really does not communicate well is that California statutes require companies to benefits to illegals. The reason it was before a court was because the employer said federal immigration law should trump the California state law. It's a close question and not an insane ruling.
However, I hope it will have the affect of discouraging employers from hiring illegals. We'll see
Thanks.
Here's a suggestion for a just penalty:
The company that hires the illegal alien pays his compensation costs out of their own pocket.
This beauty of this remedy is that it does not penalize other employers for the increases in compensation insurance rates that will result from this ruling.
Sounds good.
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