Alabama Judge Rules Illegal Immigrant Due Workers Comp for L

http://www.wsfa.com/Global/story.asp?S=4158413&nav=0RdE

BIRMINGHAM, Ala. (AP) -- Omar Santos-Cruz came to the United States illegally from Mexico and went to work building houses in one of Alabama's fanciest neighborhoods before he was seriously injured in March of last year at age 17.

A court has now ruled that Santos-Cruz is due workers compensation benefits and medical care for life despite being in the country illegally. The case is a possible legal precedent and a sign of things to come for builders who have come to rely on immigrant laborers in a booming housing market.

But the Home Builders Association of Alabama cited the immigration status of Santos-Cruz when it intervened in the case and asked the judge to deny benefits for the teen, who was partially paralyzed while working on a home in the upscale Greystone development in suburban Birmingham.

In a decision filed October 18th, the judge ruled that Henry Lambert Construction must pay Santos-Cruz workers compensation benefits of $240 a week for the rest of his life and also must cover all his medical bills.

Here a novel idea, if you enter this country illegally, you forfeit all rights to compensation because you are illegal :roll:

You know what??? This might have a POSITIVE rather than NEGATIVE effect here. Maybe we're missing something. Notice WHO is going to have to pay for his care. It is the CONTRUCTION COMPANY WHO HIRED HIM! I think that should be a wake-up call to ALL companies that engage in this practice. If they hire 'em and they hurt 'em, they PAY for their care for the rest of their lives. Frankly, I think this is a GOOD decision.

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Originally Posted by Bootsie

You know what??? This might have a POSITIVE rather than NEGATIVE effect here. Maybe we're missing something. Notice WHO is going to have to pay for his care. It is the CONTRUCTION COMPANY WHO HIRED HIM! I think that should be a wake-up call to ALL companies that engage in this practice. If they hire 'em and they hurt 'em, they PAY for their care for the rest of their lives. Frankly, I think this is a GOOD decision.

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I agree. It's wrong for them to be here and to be working here but if they are working, I've always felt they should get overtime if they work it and workmans comp if they get hurt. You can't tell me that most of these smaller companies don't hire illegals and abuse them because they know the illegals won't report them for fear of being deported. Yes this could be a good thing.

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In a decision filed October 18th, the judge ruled that Henry Lambert Construction must pay Santos-Cruz workers compensation benefits of $240 a week for the rest of his life and also must cover all his medical bills.

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The only adjustments I can see here are the $240 a week needs to be direct deposited to the Bank of Mexico and Mr. Santos-Cruz should be immediately deported. :twisted:

The way I see it.

Two Laws broken, only one law enforced.

That's true, Scub, BUT the EMPLOYER is going to be FORCED to bear the brunt and pay for HIS actions for hiring an illegal. Personally, I think it might just be a deterrant for these companies that are doing this. Maybe they will think more than twice about being so eager to hire them if they know that they are actually going to have to PAY if they are hurt on the job.

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The only adjustments I can see here are the $240 a week needs to be direct deposited to the Bank of Mexico and Mr. Santos-Cruz should be immediately deported.

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It'll never happen. He'll need to have medical care for the rest of his life that's not available in Mexico, I'll bet you.

Wonder how long it'll take him to save up $1,000 or so to bring his family here too? Or how long it'll take him to start a family here? Two kids will bring in about $1000 per month, plus housing, food stamps, medicaid, etc.

I hadn't thought about that angle. MORE children to support. I just felt like it was a GOOD lesson for businesses that hire them to have to take care of them as LONG AS THE TAXPAYERS WEREN'T HAVING TO DO IT BUT had_enuf has a point. He's going to either BRING more or HAVE more that WE will have to support. But, he could live WELL in Mexico on $340 a month and probably get health care cheaper as well. I say send him back and the company can send his check AND pay for his medical expenses in MEXICO.

Bootsie, what about sending him back and his illegal employer with him. That's a thought, when employers are found with illegals, send the whole bunch of them south of the border where he'll find plenty of cheap labor. Now that really would be getting two birds with one stone.

I believe YOU'VE GOT IT! What a BRILLIANT IDEA!!! Now, WHY did I not think of that???? South of the Border, down Mehico way!

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Originally Posted by had_enuf

Bootsie, what about sending him back and his illegal employer with him. That's a thought, when employers are found with illegals, send the whole bunch of them south of the border where he'll find plenty of cheap labor. Now that really would be getting two birds with one stone.

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How about us changing it a little send the whole bunch back including the Employer and make the employer the employee.

If we keep on, we might want to look into transportation stock!!

http://www.decaturdaily.com/decaturdail ... 125b.shtml

EDITORIAL

Ruling in illegal’s comp suit complicates complex issue

Workers who are in the country illegally and injured on the job are entitled to workers' compensation benefits in Alabama, a Birmingham judge ruled.

The decision muddies the already murky issues involving the rights of those who are in the country illegally.

Jefferson County Circuit Judge G. William Noble ruled that Henry W. Lambert Construction Inc. must pay 17-year-old Omar Santos Cruz workers' compensation benefits of $240 per week for the rest of his life, plus all medical expenses. Mr. Santos Cruz, who was in the country illegally, was working for the construction company last year when he fell through a window on a job site. He remains partially paralyzed.

Lambert and the Home Builders Association of Alabama wanted the judge to deny benefits for the teen based on his immigration status.

W. Russell Davis, an executive vice president of the Home Builders Association, acknowledged that Hispanics provide essential skills to the state's booming construction industry. Without them, he said, the industry would not have enough skilled trades workers to keep up with demand.

While we don't condone the flood of immigrants coming into the country illegally, we also believe the Home Builders Association was trying to have it both ways.

If construction companies or other employers benefit from the hard work of employees without first confirming the workers' status â€â€

ABSOLUTELY TRUE. They want it both ways. CHEAP LABOR. Then, when something happens, OFF THE HOOK. I say make them pay through the nose. The person writing this editorial is RIGHT---it should make them think twice about hiring illegals in the first place. I still look at this as a VICTORY for us.