Make the employer pay out of his/her pocket, that's how you stop it.
COLUMBIA --- Illegal immigrants who are injured on the job are entitled to workers' compensation, the South Carolina Supreme Court has ruled.
The court issued the opinion after an employer claimed a Mexican citizen who injured his right eye in Charleston should not get workers' compensation benefits because federal law prohibits hiring illegal immigrants.
In an opinion issued late last week, the court disagreed.
"Disallowing benefits would mean unscrupulous employers could hire undocumented workers without the burden of insuring them, a consequence that would encourage rather than discourage the hiring of illegal workers," Justice James Moore wrote in the unanimous opinion.
The state's high court cited a similar ruling in North Carolina and said other states have also ruled that way.
An attorney for the employer, Environmental Management Services, said Mario Curiel, of Mexico, submitted fraudulent documents to get hired.
"If the employer is doing everything you're supposed to be doing and is the victim of an individual perpetrating fraud on you, in that situation the employer ought to be able to void the employment contract," company attorney Hubert Wood III told The Sun News of Myrtle Beach for a story published Thursday.
Mr. Wood also argued that Mr. Curiel had a previous injury to his left eye that he never told the company about.
The court said Mr. Curiel could receive benefits if the combined injuries resulted in a greater disability. The court ordered the Workers' Compensation Commission to determine the combined effect.
Comments
Make the employer pay out of his/her pocket, that's how you stop it.
This is insane! If a citizen works under the table for a contractor and gets hurt, he/she is entitled to nothing. Moreover, that same worker, if he/she has worked under the table long enough, is also not entitled to SSDI either should the injury be permenant. Are we going to offer SSDI to immigrants who have't contributed to SS now too? I don't think either worker should expect benefits, of any kind, if they choose to work illegally.
Anyone who comes to our country is a "citizen of the world", just like you. Get used to it. More is on the way. Redistribution of "your wealth" is Hillary's #1 priority.
Break the law and you can get ahead................Why work and pay taxes. Let's see if all of us working class quit then we can all love on pepole like Hillary.
Well, we can talk about the illegals, but some of the blame has to be put on the employers also. If they are willing to work them knowing they are illegal then they should have to take care of them when they get hurt. They are still humans, the same as we are.
"under the table" doesn't sound to "above board"
The land of the free, free handout.................
The country of free speech does not mean it has to be thought out, intelligent nor show ownership.
That just chaps my big ole butt.
This country is going to hell in a handbasket. One that's made in Mexico and sold by illegal immigrants at the local farmer's market. Lord help us.
Hopefully, this will stop businesses from hiring illegals. Actually sounds like a good move to me.
Maybe some of the people in Gilbert Manor will do the roofing, concrete, brick, carpenter, sheetrock and landscape work that the Mexicans do and as fast as they do. I doubt it because most would not take a job if you laid it in their lap. This is why employers welcome them because they work in the jobs that alot of American workers do not want and will not do. Take all the entitlement checks away and I bet things will change. That will never happen because the Democratic party needs votes. Crazy old man, does it chap your ole butt because because American workers in these classes of work are hard to get that are not heavy drinkers, pot smokers or use other drugs or that employers have to get the work done however they have to tostay in business. And by the way, the more work that turns makes more profit and creats more taxes on the employer which adds to this economy. Some people already have enough money to live on and if it gets too hard to do their contract work they will just walk away and everybody in their companies lose. Think about that.
If we make it so that it is a liability for employers to hire illegals, maybe the illegal invaders will go back home, and stop eroding our culture, and ignoring our laws,
I find it absolutely hilarious that the same guy who hired this fellow used as a defense the fact that it was illegal for him to do so, therefore he shouldn't be required to pay. Agreed, if the guy used fraudulent means to get hired, then the contract should be null and void, but apparently the court ruled against that. Wonder if those fraudulent documents were so obviously fraudulent as to render their argument null and void?
Right on the money johnr! Critter, you can't go on speculation! Illegals know our system better than the authors, therefore can get over...
Actually johnr, I think we're singing off the same page. I totally agree about the built-in incentive this could create, and I also totally agree about fines and penalties for employers hiring illegals. Just imagine if this had gone the other way - wow, not only can you, Mr./Ms. Business Owner, hire an illegal alien who'll work twice as hard as any of your employees for 1/2 the pay, you don't have to cover them if they get injured on the job! Sweet! I was speculating - admittedly - about the apparent legitimacy or lack of that the documents had as that seemed to be about the only leg the biz owner had to stand on, but you're right about the documentation.
From what I understand the Mexixans do not work by the hour. They are smarter than that and work by the square foot of material installed. More production equals more pay. I have contractor friends who complain every day that they cannot get the American labor in the construction field to work and are forced to get Mexican crews to do the work. Don't be so hard on the contractor for useing them. The customer wants the work done and done on a timely basis and does not want people who smell of beer from the night before. The contractor wants the work completed so he or she can get paid so what choice do they have but hire people who will do the work. I suggest the ones doing the complaining about Mexican labor open a construction company or landscaping company as see how impossible it is to get good dependable labor.
It says according to the employers lawyer that the employee provided false documents to get hired.. if thats the case.. he should not get one cent. the only thing he should get is deported!!!
The Augusta Chronicle ©2012. All Rights Reserved.
