Illegal immigrants frequently denied compensation

Jose Hernandez was good with a machete. So he was the top choice when his boss needed someone to chop down young trees that were choking parts of Florida’s Everglades. On one trip to the swamps, the workers flew in by helicopter and quickly cut a stand of sprouting trees. But when they took off again, something went wrong: The chopper lurched left, then plunged into murky water. A broken rotor blade slashed through Hernandez’s left thigh. Doctors saved his life, but couldn’t save his leg. To pay for his costly medical care, Hernandez filed a workers’ compensation claim, which covered some of his bills. Then, the insurance carrier, Florida Citrus, Business & Industries Fund, discovered that Hernandez was in America illegally, without work papers or permission from federal immigration officials. It halted all payments and left Hernandez to languish in a low-income Florida nursing home, unable to work to support his wife and four children in Mexico. Thousands of illegal workers like Hernandez are hurt on the job every year in America, but don’t get the compensation that’s promised by law in every state. Bosses often fire them, threaten them with deportation and commit an array of other misdeeds to avoid responsibility for workers’ injuries. Some insurers refuse to pay their claims, citing reasons related to their illegal status. As a result, injured workers often go without medical care or go to emergency rooms for treatment – and taxpayers get stuck with the bills. For more on this story, click here and here.

Law professor Rob Correales (UNLV) has written extensively on the benefits available(or not) to undocumented workers who are injured, laid off, etc.

KJ