New York Appeals Court Upholds Workers’ Compensation Claim

November 3, 2008

  • November 3, 2008 at 12:42 pm
    Jim says:
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    If he wasn’t here (back in Ghana) he would not have been hurt at the parking lot with the wrong ID. They can’t pay him workers comp benefits. Is he going to be deported? Will he still get checks sent to him in Ghana? Hard to believe this is even happening.

  • November 3, 2008 at 1:01 am
    Concerned says:
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    Does this not constitute insurance fraud? It would appear that this embodies the very definition of fraud through a material misrepresentation with the intent to gain payment for which he was not legally entitled…not to mention he cannot legally even work in this country. Interesting.

  • November 3, 2008 at 1:15 am
    WC-er says:
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    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.

  • November 3, 2008 at 1:45 am
    claims says:
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    I do not agree that the concept is right. The employer should be heavily fined if he knew that he hired an illegal alien with false documentation. However, the illegal alien should not benefit from commiting a crime. I feel that emergency medical benefits should be paid only. No lost wages since he wasn’t entitled to earn the wages anyway.

  • November 3, 2008 at 1:48 am
    Dread says:
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    Stop the bleeding and put the illegal on the first boat back to where he came from. You can bet he wasn’t supporting the American economy, but sending the money back to his old country. He fraudulently obtained employment to boot. The rape of America continues.

  • November 4, 2008 at 10:49 am
    Contrarian says:
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    This worker had workers compensation paid for him based on his wages. Why shouldn’t he receive wc benefits? Should the insurance company be able to collect premium and not pay benefits.

    Interesting that we think a person who finds it preferable to work at what we would consider a low wage job – and do so illegally, facing possible extortion by the person lending his identity – is a threat to our economy. There are CEOs running companies into the ground while lining their nest with millions. Who cares if an individual has a different culture or sends his money somewhere? He paid for his money with his work. We found the price of his services worth the money. Illegal immigrants do all kinds of jobs we would consider terrible – and they do so at risk to themselves. I think our country is xenophobic. And it’s misplaced.

  • November 4, 2008 at 1:48 am
    claim says:
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    You miss the main point. The word is illegal. I have no problem with people being from a different culture. I also have no problem with people sending money to what ever country they want to if they earn thier money legally.



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