Posted On: November 3, 2008, 1:15 pm CST

Posted By: WC-er

This is consistent with rulings elsewhere. The injured employee is eligible for benefits under the workers compensation statutes because there is a work "contract" in force, regardless of the legality of the worker. Even statutes that have been written to the contrary have been overruled by judges due to the undlerlying concept of workers comp: that is, that an individual who suffers an injury that arises out of and in the course of employment, is due medical help. The employer (insured) has been fined (not collectible under any liability policy) for hiring an illegal (there is never just one, by the way). The injured employee will be deported and will not be allowed to return to this country ever. The reasoning is correct; to do otherwise would encourage employers to hire illegals, knowing that were they to get hurt, it wouldn't ever affect their mod or other insurance.