Posted on 11/23/2005 9:12:08 AM PST by 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.
Henry Lambert Construction will become bankrupt, cease to operate, and another builder - H.L. Builders will emerge from the arseheap.
I don't condone the illegal alien's being here - but I detest the felon employer even worse.
Free traders want cheap labor and no legal responsibility.
Hell, no!
I do think illegals who are injured on the job should be taken care of BUT not by worker's comp- or any taxpayer funded means. Make the EMPLOYER pay.
Most employ illegals to avoid all the payroll taxes, unemployment costs and workers comp insurance. While I agree that those costs are out of site, and cause many businesses to seek illegal workers- that is another issue that needs to be reformed in this country.
If a business owner hires an illegal; that business owner should be responsible for any costs from injuries on the job.
Workers comp is an insurance type fund that spreads liability/cost amongst many employers (and shortfalls are often made up by state taxpayers) WHY should the costs of hiring illegals be spread out to other employers who do not hire illegals?? If workers comp funds are tapped for illegals that no one payed into the system for- all employers will pay more, it is penalizing those who do NOT hire illegals.
Make the business owners who do hire illegals pay out of their own pocket for illegals injured/killed on the job. Some small business owners may end up going under over it, but it is still their responsibility- not the taxpayers or other business owners who fund workers comp.
I agree.
And that's why this is a good decision. Drying up the economic incentives to cheat in the game will help change the situation.
And it seems to me that there are about a million and one lies being told about this stuff, or maybe it's the case that nobody has the smallest clue as to what the truth is.
You always hear illegals pay taxes, but you never hear what those taxes are. Are they sales taxes? Property taxes? Are they income taxes remitted by employers and returns never filed by the workers?
In this case, was the employee paying premiums for this guy and then they (or the insurance co.) balked when it came time to pay the benefit? Or are all these workers so cheap to hire because taxes, insurance premiums, etc. are all avoided due to the workers being illegal?
The fact of the matter is if the guy had died in the desert or drowned in the Rio Grande no one but he would be responsible for that. But presuming he made money for his employer he deserved compensation for his injury.
This has all become such a huge bundle of illegalities, untruths, and discrimination (against these workers as well as native born and legal immigrants), I don't see how it can ever be untangled and resolved.
But, it becomes increasingly clear that cracking down on the employers must be part of the picture. But, please bear in mind, the last time this was tried the squawking got really loud, really fast, and it was dropped as soon as it had started.
And if any of us dare protest this absurdity, then we're just one of those "extremist racist conservatives."
Nevermind that we're the ones stuck paying the bill for this utter insanity.
This nation is tanking hard. I don't think it'll even come within 50 years of its tricentennial before crashing and burning.
Someone made profit from his cheap labor. Someone saved money by getting cheaper service. Many ignored/tolerated/justified this swindle.
They all should pay! And we DESERVE what we get.
Did the illegal use false documents to get the job????
Makes one wonder how good the workmanship is in these McMansions.
He lies about his age and the employer is responsible? I don't think this is right. I think mexico should pick up the tab. Or, send it to GW.
And, if the kid lied and provided false documents claiming he was at least 18, then what?
That would change things somewhat, but the article doesn't state that. If he did have documents, then I assume he would be on the employee roster and the employer would be paying for him under workers comp policy and paying payroll taxes - which would negate the benefits of the illegal employee.
Feel free to ping me when/if you gather any more info on this, thanks. Blackbird.
It is as good as food from McDonalds.
Well, the squawking is the cry of every criminal. Some squawk all the way to the electric chair. Employers that hire these Illegals are criminals as well as traitors. They are traitors to this country, they are traitors to every American, including their own family and friends. Send 'em all to jail till they rot. We'll all be the better for it, and it's long overdue. Blackbird.
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