Workers Compensation Laws Under Scrutiny
The issue of illegal immigration was hotly contested during the last presidential election, and there are a number of different perspectives on the subject. Atlanta workers compensation lawyers had to sit up and take notice recently about some news coming out of another state about illegal immigrants and workers compensation. Presently, the workers compensation law in Ohio states that it extends to “minors and aliens.” The thing is, it makes no distinction between legal and illegal aliens, and State Senator Bill Seitz would like to see that verbiage changed. The way it stands now, there is no burden of proof on injured workers to show that they are in fact legally working in the United States.
“We are going to provide a mechanism for those claims to be investigated and if the people turn out to be unauthorized there will be no coverage. We will try to wring costs out of the system,” said Seitz. (Source: Atlanta Journal Constitution)
The situation raises a number of questions that are very interesting, and anyone who has an interest in workers compensation in Atlanta and elsewhere throughout the country would do well to take a look at this proposed legislation. On the surface it would seem like a good thing to many people who are legal citizens of the United States. There are those who feel as though a law is a law, and nobody should be above the law. “Illegal” means just that. But there are other individuals who contend that most undocumented immigrants are doing labor that legal citizens would not be willing to do, and that everyone deserves a chance to better themselves through hard work. There is clearly some legitimacy to both arguments.
The most interesting twist is this: those who support the “get tough” stance precluding illegal immigrants from receiving workers compensation benefits may in fact be doing more to encourage the hiring of illegals than to prevent it. When you consider the ramifications of the bill, it does nothing to stem the tide of illegal immigration at its source (not to say that a state senator from Ohio has any ability to propose legislation that would do so). All it does is excuse the employers from the responsibility of protecting the safety of workers who are in the country illegally. At the risk of sounding cynical, this bill provides an incentive for employers to hire illegal aliens, knowing that they don’t have to worry about any workers compensation claims if one of them gets sick or injured on the job.
In this tough economy, many working people have little tolerance for illegal immigrants competing for available jobs, so they may support such a bill as a knee-jerk reaction. But when you read between the lines, it may in fact make the hiring of illegals even more attractive to employers. Time will tell if the bill becomes law, and it will be interesting to monitor the results if it is in fact passed.
For Atlanta workers compensation and personal injury information, contact the law offices of J. Franklin Burns at (404) 303-7770.
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