Court: Illegal immigrant entitled to workers' comp
Source: Omaha World Herald
By Leslie Reed
LINCOLN — An illegal immigrant from Mexico who speaks no English is entitled to workers’ compensation payments through his employer after he was permanently disabled in an on-the-job injury, the Nebraska Supreme Court ruled Friday.
It was the first time the high court held that illegal immigrants are protected by state workers’ compensation laws. The decision adopted and expanded a similar ruling made by the mid-level Nebraska Court of Appeals in 2009.
Written by Judge William Connolly, Friday’s opinion followed the lead of other courts across the country. Those courts have reasoned that that excluding undocumented workers from disability benefits creates a financial incentive to hire illegal immigrants — and gives scofflaw employers an advantage over competitors who follow the law.
Ricardo Moyera, the injured worker in Friday’s case, used purchased documents and a false name to get a job with Quality Pork International in Omaha in March 2009. He previously worked on a roofing crew and as a crop fertilizer with his father in Mexico. In August 2008, when he was 29 years old, he suffered several broken bones when his foot was run over by a forklift. The injury resulted in a painful nerve disorder, severe back and hip pain and required him to use a crutch or cane to walk.
FULL story at link.
Read more: http://www.omaha.com/article/20130104/NEWS/701049915/1685#court-illegal-immigrant-entitled-to-workers-comp
= new reply since forum marked as read
