Posted on 11/15/2006 3:59:23 AM PST by NativeNewYorker
Illegal immigrants injured on construction jobs can sue for the future income they would have earned in this country at American wage levels, a federal appeals court ruled yesterday.
The ruling does not apply to illegal immigrants who use false documents or otherwise lie about their immigration status to get jobs. But the decision, by the 2nd U.S. Circuit Court of Appeals, says illegal immigrants are covered under New York's "scaffold law." The law allows injured workers to sue contractors over unsafe work environments.
The decision upholds a $638,671.63 jury award to an illegal immigrant from Brazil. Of that amount,$230,000 was for future lost earnings. The immigrant, Jose Raimundo Madeira, was earning $15 an hour and working long weeks as a construction worker in 2001 when he fell from a building at a job site in Monroe, N.Y. In granting the award, the jury considered Mr. Madeira's earning potential in this country and the likelihood he would stay, according to the decision.
(Excerpt) Read more at nysun.com ...
Just filing the suits that Americans won't file.
---the inmates are truly in charge of some of the asylum--
Excellent. The minute there is no incentive to hire them over an American, employers will favor legal workers simply because they won't be deported. You know what they say about giving a guy enough rope...
Nope, the inmates are the ruling party now. All hail the new overlords.
Maybe a guest worker program where guest workers are paid a minimum wage would have killed some incentive too except something tells me there would have been hundreds of thousands who would take jobs outside of any guest worker program at bargain rates.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
And didn't this particular illegal ALIEN use false documents and lie about his status? They all use false documents and lie about thier legal status, how can this idiotic judge make a ruling like this?
Excellent!! Now, businesses have a very good reason not to hire illegals.
Look's like the cheap labor might in the long run not be quite so cheap after all.
It is the single most abused labor tort law in the nation, and NY is the only state that still has anything like it on the books.
There is NO defense. the employer/property owner/GC/subcontractor loses automatically.
Even criminals breaking in and stealing from a construction site have won money lawsuits (and big ones) under these 2 idiotic laws.
Immigration "activists" and lawyers are fanning out as we speak, to educate the oppressed as to their new "rights." I anticipate a lot of "oops" moments resulting in vague, debilitating neck and back injuries, on construction sites across the nation in the coming weeks and months.
More fruit of the poisoned NY illegal immigration tree...the one nurtured by Rudy Giuliani during his time as Mayor.
Lunch = meal around Noon.
So TANSTAAL is okay...
What actually is Giuliani's stance on illegal immigration? Between the cheerleaders touting his poll numbers, and the detractors screaming about cross dressing, this has somehow been overlooked.
Exactly. There is now a financial incentive for illegals to succumb to workplace accidents than to remain injury free. My back hurts just thinking about it.
It hasn't been overlooked. When 9-11 happened, and the illegal alien hijackers piloted the planes into the WTC, the Pentagon and the field in PA, Giuliani had been working for years to make NYC an open sanctuary city for illegal aliens. He even threatened to break the law and defy Congress to make it so.
"Giuliani had been working for years to make NYC an open sanctuary city for illegal aliens. He even threatened to break the law and defy Congress to make it so."
I see. This should put a dent in the numbers, lol.
When Congress enacted immigration reform laws that forbade local governments from barring employees from cooperating with the INS, Mayor Rudy Giuliani filed suit against the feds in 1997. He was rebuffed by two lower courts, which ruled that the sanctuary order amounted to special treatment for illegal aliens and were nothing more than an unlawful effort to flaunt federal enforcement efforts against illegal aliens. In January 2000, the Supreme Court rejected his appeal, but Giuliani vowed to ignore the law.
The Twin Towers are gone and Giuliani is out of office, but the city's policy of safe harbors for illegal immigrants stands.
http://www.capmag.com/article.asp?ID=1886
LOL...ya think? ;-)
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