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  • can illegal immigrant sue?

    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?????

  • #2
    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?????

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    • #3
      Yes and what a credible witness you will be

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      • #4
        Yes you can! Do not believe SonofMichael, he doesn't know Jack ****t!
        “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

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        • #5
          yes he can,,, but be prepared for a backlash!!

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          • #6
            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

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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????? </div></BLOCKQUOTE>

              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.

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>
                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

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                • #9
                  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.

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                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                    the question is should they?! </div></BLOCKQUOTE>
                    No, the question wasn't and isn't "should they?"

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                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>

                      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 )

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                      • #12
                        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.

                        Pretty cute if immoral.

                        Comment


                        • #13
                          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!

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                          • #14
                            Here's a start:

                            http://www.newswithviews.com/Walker/jill15.htm

                            http://www.mytend.com/immigration/18...gration-4.html

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>

                              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.

                              Welcome to America.

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