Question

Determine the federal law in regards to undocumented workers and whether they are eligible for state workers’ compensation in the United States.   Advocate for or against this practice and substantiate your response with research to support your position.

Answer 1

An undocumented worker who is harmed at work is still entitled to compensation advantages for employees in many countries, even though he or she should not have been hired first. This is an significant consideration for employers because in California and Texas alone there are an estimated 3 million undocumented immigrants.Many employers had the unnerving experience of having an injured worker file for the composition of employees, only to discover that the worker was an illegal immigrant. Usually at the moment of hiring, the worker provided compelling fake records. Often, however, the employee is revealed as an illegal immigrant who is not authorized to work in the U.S. during the course of medical treatment or comp-proceedings of workers.

Under the Federal Immigration Reform and Control Act or IRCA, knowingly hiring anyone who is unable to work legally in the U.S. is a crime for the employer. However, by employing an employee whose I-9 records seem valid, many employers unintentionally violate the law, only to find months or years later that the papers were forged. Because continuing to employ such is also a crime for the employer and they are terminated usually.The terminated worker may still qualify in many cases for the worker's comp. State regulations in Texas, New York, Florida, and Utah specifically grant undocumented employees injured at work the right to obtain comp advantages from employees. The courts held that an worker could not be employed in Connecticut, Georgia, Nebraska, Louisiana, Ohio, Oklahoma, North Carolina, New Jersey and South Carolina.

Note: An illegal immigrant in other countries does not qualify for the composition of employees. The courts in Arizona and Wyoming have ruled that the illegal immigrant can not legally enter into a agreement of jobs and is therefore not an employee. Georgia, Connecticut, Louisiana, Oklahoma, Texas and Ohio failed the same argument.

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