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Fri Jan 4, 2013, 01:59 PM

Court: Illegal immigrant entitled to workers' comp

Source: Omaha World Herald

By Leslie Reed

LINCOLN — An illegal immigrant from Mexico who speaks no English is entitled to workers’ compensation payments through his employer after he was permanently disabled in an on-the-job injury, the Nebraska Supreme Court ruled Friday.

It was the first time the high court held that illegal immigrants are protected by state workers’ compensation laws. The decision adopted and expanded a similar ruling made by the mid-level Nebraska Court of Appeals in 2009.

Written by Judge William Connolly, Friday’s opinion followed the lead of other courts across the country. Those courts have reasoned that that excluding undocumented workers from disability benefits creates a financial incentive to hire illegal immigrants — and gives scofflaw employers an advantage over competitors who follow the law.

Ricardo Moyera, the injured worker in Friday’s case, used purchased documents and a false name to get a job with Quality Pork International in Omaha in March 2009. He previously worked on a roofing crew and as a crop fertilizer with his father in Mexico. In August 2008, when he was 29 years old, he suffered several broken bones when his foot was run over by a forklift. The injury resulted in a painful nerve disorder, severe back and hip pain and required him to use a crutch or cane to walk.

FULL story at link.


Read more: http://www.omaha.com/article/20130104/NEWS/701049915/1685#court-illegal-immigrant-entitled-to-workers-comp

14 replies, 2146 views

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Arrow 14 replies Author Time Post
Reply Court: Illegal immigrant entitled to workers' comp (Original post)
Omaha Steve Jan 2013 OP
Crowman1979 Jan 2013 #1
libodem Jan 2013 #2
barbtries Jan 2013 #4
libodem Jan 2013 #10
barbtries Jan 2013 #3
marty waltin Jan 2013 #6
marty waltin Jan 2013 #5
2pooped2pop Jan 2013 #7
barbtries Jan 2013 #8
2pooped2pop Jan 2013 #11
cosmicone Jan 2013 #12
barbtries Jan 2013 #13
ehrenfeucht games Jan 2013 #9
alp227 Jan 2013 #14

Response to Omaha Steve (Original post)

Fri Jan 4, 2013, 02:07 PM

1. All workers should have rights! Regardless or their legal status.

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Response to Omaha Steve (Original post)

Fri Jan 4, 2013, 02:09 PM

2. Good!

Around ten or more years ago an LPN I worked with, told me a tale. She had been the nurse at a meat processing plant, in Nampa. One of the undocumented workers mangled a hand or arm, and instead of sending him to the hospital he was deported, so Armor wouldn't be fined. It made her quit.

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Response to libodem (Reply #2)

Fri Jan 4, 2013, 02:14 PM

4. wow.

how sick is that.

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Response to barbtries (Reply #4)

Fri Jan 4, 2013, 03:08 PM

10. very

Those processing plants have been a traditional place where the undocumented have worked. My friend was bilingual so she was a shoe in for a nurse there.

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Response to Omaha Steve (Original post)

Fri Jan 4, 2013, 02:13 PM

3. why wouldn't he be?

he was hurt on the job.

and while we're at it, i am SICK of the term "illegal immigrant." Undocumented worker - Undocumented worker - Undocumented worker!

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Response to Omaha Steve (Original post)


Response to marty waltin (Reply #5)

Fri Jan 4, 2013, 02:26 PM

7. if only we could pay you to not be here.

sigh. The stupid runs deep under the bridge eh?

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Response to 2pooped2pop (Reply #7)

Fri Jan 4, 2013, 02:40 PM

8. he's long gone

and in fact was PPRd before i knew he existed. that was fast. thank you mods.

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Response to barbtries (Reply #8)

Fri Jan 4, 2013, 03:26 PM

11. yes, I was on the first jury.

and as I alerted to the second post, it came back already decided and poof, he was gone. Twas a thing of quiet beauty. lol

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Response to barbtries (Reply #8)

Fri Jan 4, 2013, 07:11 PM

12. I am curious. What does PPR stand for? n/t

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Response to cosmicone (Reply #12)

Fri Jan 4, 2013, 10:49 PM

13. posting privileges revoked nt

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Response to Omaha Steve (Original post)

Fri Jan 4, 2013, 02:53 PM

9. Excellent! A work related injury is a work related injury. (nt)

 

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Response to ehrenfeucht games (Reply #9)

Fri Jan 4, 2013, 10:52 PM

14. And ICE should bust in and investigate the company's hiring practices.

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