Thread: Immigrant advocate, barring disability payments is unfair

From Jim Davenport, February 18, 2009 - 1:50 PM
Immigrant advocate says SC workers' comp bill barring disability payments is unfair
By Jim Davenport


COLUMBIA, S.C. (AP) - South Carolina legislators are pushing a bill to cut workers' compensation benefits for illegal immigrants in an effort to strengthen what's already one of the nation's toughest laws aimed at keeping those workers off state payrolls.

On Wednesday, a Senate Judiciary subcommittee debated a bill that says illegal immigrants can have medical costs covered, but would be barred from collecting disability benefits when they're hurt on the job. One of the panel's members said he's also looking at denying illegal immigrants access to state courts.

None of that sits well with one of the state's leading Hispanic advocates.

"We can be nannies. We can be translators. ... We build houses. We build hospitals," said Diana Salazar, president of the Latino Association of Charleston. "But we cannot get benefits if we get hurt on the job because we don't have a piece of paper? ... I think it's unfair."

Salazar wasn't alone in questioning the legislation proposed only a year after a new law required employers to ensure newly hired workers are in the country legally. Those that don't get fined; those who knowingly hiring illegal immigrants will have their businesses shut down temporarily.

"I think the attempt is to punish a company that hires illegal aliens," said Sen. Brad Hutto, D-Orangeburg, before the panel delayed acting on the bill to allow more time to gather information and testimony.

Hutto said the legislation would end up leaving hospitals and doctors with unpaid bills and could end up forcing employers to firing legal workers to cover settlement costs. "Everybody gets punished."

Insurance companies are the only winners, Hutto said, because they will pay less in claims. He called on the panel not to "penalize the doctors, the hospitals, the injured worker and then give a windfall to the insurance company."

Although Hutto said workplace accidents aren't tied to someone's immigration status, a 2008 report from the Centers for Disease Control and Prevention found Hispanic workers die more often on the job and South Carolina had the nation's highest death rate. Observers link that to the more risky jobs Hispanics tend to take and safety problems tied to language and literacy issues.

Gary Thibault, executive director of the South Carolina Workers' Compensation Commission, said there is no data available showing how frequently immigrant status becomes an issue in compensation claims. In most cases, Thibault noted, courts have ruled in favor of giving benefits if there's no explicit state law limiting payments to illegal immigrants.

However, Thibault pointed to a well-known case involving benefit disputes.

In 2003, two Mexican brothers, ages 15 and 17, were killed when an electrical trench they were working in collapsed. Their parents could have received a $186,670 settlement, but state law already limits workers' comp death benefits on foreign workers to half of what a U.S. or Canadian citizen can receive. The brothers' parents settled for $100,000. Thibault said that part of the law is seldom used.

Meanwhile, State Sen. Tom Davis, R-Beaufort, questioned whether illegal immigrants should see benefits at all.

Back home, Davis said, "there's a great frustration that a lot of illegal immigrants enjoy public benefits to the same extent as those who are there legally" from schools to medical care.

"In that list of things that we as citizens enjoy is access to our courts," Davis said. "And I think that there is merit in having a debate over whether or not someone who is here illegally and who knows he or she is here illegally whether or not they're entitled to the same access to our court system, to the same benefits that a citizen would be entitled to."

Davis, a lawyer, later said he's researching law on limiting court access.

"That's unfair," said Salazar. "Again, we're talking about humans that work and contribute to the economy in South Carolina. Give me a break."


http://www.canadianbusiness.com/markets ... R00&page=2

"We can be nannies. We can be translators. ... We build houses. We build hospitals," said Diana Salazar, president of the Latino Association of Charleston. "But we cannot get benefits if we get hurt on the job because we don't have a piece of paper? ... I think it's unfair."

Nobody cares what you think so long as your advocating on behalf of individuals who have no legal rights to be in this country and are stealing jobs from American citizens!

A deed to a home is just a piece of paper, but woud I have claims to ownership without that piece of paper?

Back home, Davis said, "there's a great frustration that a lot of illegal immigrants enjoy public benefits to the same extent as those who are there legally" from schools to medical care.

The sentiment he has gotten from back home seems to be the prevailing sentiment all over the country.

We can be nannies. We can be translators. ... We build houses. We build hospitals," said Diana Salazar, president of the Latino Association of Charleston. "But we cannot get benefits if we get hurt on the job because we don't have a piece of paper? ... I think it's unfair."



LEGALLY, you can't be a damned thing in this country so get over yourselves........and, while you're at it, get back over the border from whence you came.

As for unfairness......it's quite unfair that you have committed the multiple illegal acts you have committed against this country and American citizens, as well as law abiding immigrants.

Now. got anymore complaints we can set you straight on?

"We can be nannies. We can be translators. ... We build houses. We build hospitals," said Diana Salazar, president of the Latino Association of Charleston. "But we cannot get benefits if we get hurt on the job because we don't have a piece of paper? ... I think it's unfair."
You steal jobs from citizens who bothered to get that silly little piece of paper.

"...Diana Salazar, president of the Latino Association of Charleston. (states) "But we cannot get benefits if we get hurt on the job because we don't have a piece of paper? ... I think it's unfair."

Well Diana, I think it's unfair to have illegals working on AMERICAN jobs, taking away AMERICAN jobs from Americans, getting into this Country ILLEGALLY and then snivilling about receiving Death Benefits (from the STATE) when they really should be going after the Coyote employer of the ILLEGALS. An "Americano" living and working in Mexico would be lucky to get a free lunch if that happened to them down there
(That really gets to me, what do they NOT understand or like about the term "ILLEGAL ALIEN".
Unless they registered when they came here, that's just EXACTLY what they are... "ILLEGALS"

Money is just a "piece of paper", but try getting something without it! The solution is to make the companies that hire them responsible for all their medical bills, if they get hurt!!

Perhaps the American people need to send a stronger message because our government continues to favor illegals over us. If WE don't work the politcal elites won't get paid.

It feels like our government is not only insisting that the American people dig their own graves, they are also making us pay for our demise.

--------------------------------------------------------------------------------

We can be nannies. We can be translators. ... We build houses. We build hospitals," said Diana Salazar, president of the Latino Association of Charleston.

Great, then do all of those things in Mexico!

"We can be nannies. We can be translators. ... We build houses. We build hospitals," said Diana Salazar, president of the Latino Association of Charleston. "But we cannot get benefits if we get hurt on the job because we don't have a piece of paper? ... I think it's unfair."

Tough. Even citizens have a hard time getting coverage when they've been hurt on the job. There's rules and such that have to be followed and any I knew that were hurt, had to fight tooth and nail for their benefits. Heck, I wouldn't even report things because it was a sure way to get your walking orders as soon as possible. Just think, if you abided by the law in the first place, this wouldn't be an issue. I don't think it's fair that an illegal can come in and take a job from a citizen and expect full rights that citizens have. If it's so horrible and unfair.....go home!