I have a question....if a person is an illegal immigrant and he gets injured on the job can he still sue? even if he is working with false papers, false social, false name?????
Technically, an illegal can and should file a lawsuit if working conditions created the accident in the first place. The illegal alien may face USCIS scrutiny, but that does not excuse the employer of their negligence either.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Originally posted by Engaged: I have a question....if a person is an illegal immigrant and he gets injured on the job can he still sue? even if he is working with false papers, false social, false name?????
By all means, if this person was hurt while on an employer's payroll, they should be eligible for Workmens Comp. Their status shouldn't matter. You might want to get a professional opinion, but an employer is obligated to have Workmens Comp insurance. Your friend should at least be able to be compensated from this insurance option.
Originally posted by ProudUSC: By all means, if this person was hurt while on an employer's payroll, they should be eligible for Workmens Comp. Their status shouldn't matter. You might want to get a professional opinion, but an employer is obligated to have Workmens Comp insurance. Your friend should at least be able to be compensated from this insurance option.
Problem is I don't think the employer paid into workman's comp in this case.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Okay - then I guess the injured party needs good representation. In the construction business, in order to secure work, you need to show proof of Workmens Comp insurance. It covers all employees, not just legal ones. Guess I need more information relative to the kind of work the person out of status is doing. In any case, if the employer was at fault, the employee should have a right to benefits.
Originally posted by ProudUSC: Okay - then I guess the injured party needs good representation. In the construction business, in order to secure work, you need to show proof of Workmens Comp insurance. It covers all employees, not just legal ones. Guess I need more information relative to the kind of work the person out of status is doing. In any case, if the employer was at fault, the employee should have a right to benefits.
I agree the employee should get some compensation, but should also face the consequences of being here illegally and working illegally, so I guess one would have to weigh the pro's and con's
Maybe this could open up a new line of income for a foriegn country... i.e. go to the U.S... get a job, get hurt, get deported and have ya compensation sent back home.... great idea... (I don't think )
Posts: 73 | Location: Missouri, USA | Registered: 03-27-2007
I remember a post on immigate2us from a lady who was married to an EWI.
She worked for an Employment Agency, if they had a WC Claim, they 'investigated' and sacked the person. They never heard anything more about a WC Claim.
Yes,he can sue you.regardless if he is legal or Illegal.
Did you know,if someone is on the road without a drivers license and no insurance and he gets hit by someone,he can sue that person as well? even though he wa snot allowed to operate a car without a license,but still allowed and able to sue.
The law is very complex. Just like someone trying enter your house to steal your tv and you hit the thief so hard he dies,you can be sued and prostecuted for using deadly force.On someone who was just stealing your tv.
But bottom line,that illegally will later on as well prostecuted,for being an illegal and working illegally.But yes,he can sue!
Originally posted by ProudUSC: Okay - then I guess the injured party needs good representation. In the construction business, in order to secure work, you need to show proof of Workmens Comp insurance. It covers all employees, not just legal ones. Guess I need more information relative to the kind of work the person out of status is doing. In any case, if the employer was at fault, the employee should have a right to benefits.
Lots of small Conractors do not have WC cover, happened to a friend of mine fell of a roof.
Company he was working for was a one man band, no assets, no point incurring legal costs.
Got something because he implied he would report them. But tokenistic.
well he works in construction. hes already consulted an attorney and they wouldnt take his case b/c he is illegal. so, i tell him he should just keep working and keep his mouth shut. I mean, they are paying for all the medical bills they are paying him his forty hours a week eventhough hes only working like 30. so he has a pretty good deal. He almost cut off his thumb, he cut his tendon and he cant lift it, so they have him doing light duty work. but I ask him you know what more do you want? I think more harm than good can come out of him suing. so I tell him to just let it go unless he is prepared to face the monster of immigration b/c i am soooo sure the way things are right now hes bound to have problems with immigartion if he sues.
Sounds like the company is doing the right thing for him - I agree with you, Engaged. He should not stir the pot by filing a lawsuit since he is receiving more than fair treatment from the employer.
Would somebody please tell me HOW people are able to get false papers, socials, etc. ?? I can understand the false name...i.e., changing middle to first, etc., but I just don't get HOW it's so easily done. Yes, I know money talks ~ I'm curious to know how it is done.??
God Bless America ! Love IT ....or LEAVE it !
Posts: 87 | Location: USA | Registered: 08-20-2006
Anyone in US can sue anyone - and I mean anyone. All you need to do is fill out forms, pay the court clerk, serve papers to the party you want to sue , make sure your case has merits/legal backing and that you have enough evidence to sustain it throughout.
In general, if it was minor accident on construction site or somewhere else and if employer was/is genuinely supportive of the employee then , all other circumstances notwithstanding, bringing a suit would not be justified from ethical point of view (not to confuse with legal) - that's my personal opinion, you are free to disagree.
On the other hand, if major accident happened, particularly if it was due to wilful and malicious negligence of employer who post-factum danced around and mocked you and threatened to deport you if you sued him - then by all means go ahead and sue.
Originally posted by Got_Faith: Would somebody please tell me HOW people are able to get false papers, socials, etc. ?? I can understand the false name...i.e., changing middle to first, etc., but I just don't get HOW it's so easily done. Yes, I know money talks ~ I'm curious to know how it is done.??
Because the social security card is easy to fake and can be easily distributied without SS knowing immideately the number does not belong to someone. Plus, there are many more poeo;e who are legal or USC who mismatch the name to the Social Security number. Those that do this either do not inform Social Security of the name change, like a divorce or marriage, or they change the name to hide from financial allotments such as child support or student loans.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Add to del.icio.us
