Alabama Judge Rules Illegal Immigrant Due Workers Comp for Life

AP ^

[Mount Athos]

Omar Santos-Cruz came to the United States illegally from Mexico and went to work building houses in one of Alabama's fanciest neighborhoods before he was seriously injured in March of last year at age 17. A court has now ruled that Santos-Cruz is due workers compensation benefits and medical care for life despite being in the country illegally. The case is a possible legal precedent and a sign of things to come for builders who have come to rely on immigrant laborers in a booming housing market.

But the Home Builders Association of Alabama cited the immigration status of Santos-Cruz when it intervened in the case and asked the judge to deny benefits for the teen, who was partially paralyzed while working on a home in the upscale Greystone development in suburban Birmingham.

In a decision filed October 18th, the judge ruled that Henry Lambert Construction must pay Santos-Cruz workers compensation benefits of $240 a week for the rest of his life and also must cover all his medical bills.

[isrul]

Not much we can do. So far the powers that be ignore our protests.

[Tammy8]

I agree, the employer should pay, not worker's comp. Years ago an illegal was killed on a ranch from a gasoline explosion. That went to court in Arizona, and the judge ruled that the ranch owner had to pay the illegal's family the same amount of money that would have been paid by worker's comp if he had been a legal employee. I thought this was fair. The problem with allowing them worker's comp funds is that fund in many states is subsidized by the taxpayers when a large amount is paid out. Employer contributions do not totally support the program in every state.

The other unfair issue is even in places where worker's comp is totally employer funded- why should the costs be spread amongst all of the business owners that contribute- surely this illegal was not covered, if his employer did not contribute on his behalf and report that he was employed. That employer should shoulder the cost alone.

[Sonny M]

If an employer wants to gain the economic benefits when hiring illegals, it must accept the economic downsides, too.

Its hard to say who to root for in this case.

One one hand, the kid is an illegal and should not have been here in the first case and broke the law.

On the other hand, a rash of these kinds of lawsuits and the publicity this can (and hopefully does) gain, could stop employers from hiring illegals, thus draining the demand for cheap labor and removing incentives for them to come here illegally.

Either way, I hope this case gets some news coverage and reaches the SCOTUS.

[gedeon3]

I am against illegal inmigration 100%. Having said that, the boy was injured at work and the employer should pay. After everything is settled, they need to ship the boy back to his country.

[Quilla]

Just called the state office, was referred to the Association's legal council, and got his voicemail. I suspect he's started his Thanksgiving weekend. I'll let you know what I find out. Incidentally, the link provided above gives many more details. Here it is again: http://www.postherald.com/me081605.shtml

[moehoward]

Tell that to the Minute Men. It's amazing what a relatively small group of determined folks can accomplish.

[Richard Kimball]

I agree. People hire illegals because they work harder and are cheaper. One of the big reasons they're cheaper to hire is because they don't get benefits. Employers pass them on to the social net, which is one reason that hospitals are going bankrupt (they must treat, so illegals go and don't pay).

I think we need a multiple pronged approach to this situation. First, we DO need to liberalize legal immigration laws. Second, we need to clamp down on illegal immigration. The system now rewards lawbreakers (both employers and illegal immigrants), while keeping immigrants that want to enter the country legally and follow the rules in limbo for years.

[newfrpr04]

California is full of them. They even advertise their spanish commercials in English stations.

[moehoward]

"People hire illegals because they work harder and are cheaper."

I'm sorry, this simply is not true. Cheaper perhaps, just wait till the final bill comes in. They often work "harder" because they have no idea how to accomplish the task given to them. They simply attack with an ignorant zealousness that often gets them hurt.

I once witnessed an Illegal use a pick to demolish a small shed. The first swing hit only his shin. I've known printing shops that hire Illegals, the presses are reduced to scrap from the beating they take. "Harder" is not SMARTER!

[jocon307]

As strongly opposed to illegal immigration as I am, I do not see why someone who is doing a job should not get the protection of workers comp for that job.

It seems that there are many people in this country (I don't mean anybody here) who truly wish to have some sort of underclass of workers, a serf class, a helot class. What do his employers think should happen to this guy now? He should just drop dead because he got hurt on their job? This attitude disgusts me.

[spectre]

Richard, we really NEED to enforce existing laws and clamp down on employers who hire Illegals. No work and they'll stay home where they belong.

sw

[WasDougsLamb]

KEEP OUR BORDERS SAFE


http://www.freerepublic.com/focus/f-news/1525711/posts

[TX Bluebonnet]

So the general contractor is trying to say the injured employee was employed by a sub, BUT he filed a first report of injury the day after the accident. Hmmmm. Isn't the general contractor responsible for uninsured subs employees anyway? Did he think Chalino Garcia carried Workers Comp? Looks like the general contractor doesn't have much of a case. $500,000 seems cheap, considering the guy wasn't even old enough to be legally using a nail gun.

[From One - Many]

May this employer be blessed with 500 more
illegals receiving money for the employer's
foolishness and greed.

The greed card doesn't play well if this holds.
The illegals will talk about this amongst themselves
and employers will see many more secure the same.
Some of these illegals are born criminals, you can
bet they will take advantage of the situation.

[jackbenimble]

I agree. I am vehemently against illegal immigration and want it stopped. One of the things that will stop is to remove the economic and other incentives for employers to hire illegals. They should definitely not get a pass on workers comp. I think every time an illegal shows up in the emergency room for any reason it should be handled as a workman's comp case and the last employer to give the illegal a paycheck should be on the hook and liable for the hospital bill. You hire an illegal to mow the lawn and three days later they have appenticitis ... well you just bought them an operation. Of course the operation should be followed by deportation.

[VOA]

By the time news of this ruling crosses the Rio Grande...
there won't be a home builder left in Mexico and points south.

[BJClinton]

Well, duh! The kid got hurt working for them, whether or not he was here legally.

[ZULU]

If the guy used falsified documents to prove legal residencey, he should get NADA.

If he did not, and the employer knowlingly hired an illegal, the employer should be required to pay the employer share of his workman's compensation PLUS the state match. (I believe the employer pays part of the Worker's Comp and part comes from State funding - the taxpayers shouldn't have to pay this employer's mistake - just the employer.) Maybe more of these exploiters will be less willing to hire these invaders.

[moehoward]

I'm not in construction. I do know that the General is the umbrella, at least around here in Wa. Meaning he holds the insurance etc. So while he may not be the employer, he is ultimately responsible. I seriously doubt he did not know this sub hired illegal labor.

With all the Illegals working to demolish/rebuild New Orleans, look for more of these type suits.
Chickens coming home.......

[moehoward]

"What do his employers think should happen to this guy now? He should just drop dead because he got hurt on their job? "

IMHO, I think the Illegal DESERVES nada. They roll the dice coming here. They could get hurt/killed in the desert, by a train, from traffic, etc, etc. None of which would happen IF they stayed home.

BUT

I am soooo sick of greedy business owners cheating us all by hiring Illegals, I have no problem seeing each sued into insolvency.