Thread: Illegal immigrant denied worker's comp for injury

http://www.post-trib.com/news/208059%2C ... nt.article

Illegal immigrant denied worker's comp for injury
(http://www.post-trib.com/news/208059,immigrant.article)

January 12, 2007

By JOHN BYRNE Post-Tribune

Nobody disputes the fact Benjamin Marrufo injured his back on the job.

But Marrufo is an illegal immigrant, so the compensation he is due for that injury is a matter of considerable dispute.

Marrufo, a 47-year-old East Chicago resident, came to the U.S. illegally eight years ago from Durango, Mexico.

He hurt his back in May moving a locker while working at George O'Day's Inc. in Hammond.

Hanover Insurance Co., which holds the worker's compensation policy for George O'Day's, contends his illegal status precludes Marrufo from collecting wage supplement payments during the time he cannot work.

Marrufo said he received payments initially from the insurance company for his medical treatments.

But the payments stopped two months after his work accident, which left him with two bulging discs in his back.

"I want to work, but I can't," Marrufo said, speaking in Spanish. "And now, they aren't paying me."

Hanover's position is supported by a U.S. Supreme Court decision but has not been tested in Indiana courts, according to Allan Mindel, Marrufo's attorney.

The insurance company's tactic is becoming more common, Mindel said.

"It's like the insurance companies realized within the past year or so that they can check the Social Security numbers these guys submit, and challenge the claims if the numbers come back as fakes," Mindel said.

George O'Day's sells and delivers new and used lockers to companies that need to store linens or employees' uniforms.

Company president Steve O'Day referred questions about the case to Dana Larbus, an attorney for Hanover Insurance.

Larbus could not be reached Thursday for comment.

Mindel said insurance companies' positions amount to exploitation of the undocumented workers.

"The insurance companies are collecting premiums from businesses for these workers, then refusing to pay out when they get hurt," Mindel said.

State Worker's Compensation Board hearing member James Dowling deferred the matter Thursday, ruling invalid forms were used to file the claim in the case. The case was heard at the Lake County Government Center in Crown Point.

One of the benefits of being LEGAL.

If Mr. Marruffo had followed the rules, he'd be covered. I guess he just discovered why this deadbeat company hired him: HE'S A SLAVE!!! They don't have to pay him decent wages nor do they have to give him benefits. Losers, all the way around! I bet he winds up getting his money, and not deportation, like he deserves.

Another illegal immigrant identified and located - go get him ICE!

Yeah, I know, dream on..........

Originally Posted by TyRANTosaur

If Mr. Marruffo had followed the rules, he'd be covered. I guess he just discovered why this deadbeat company hired him: HE'S A SLAVE!!! They don't have to pay him decent wages nor do they have to give him benefits. Losers, all the way around! I bet he winds up getting his money, and not deportation, like he deserves.

I think this is just wrong. This guy was injured on the job and his medical bills should be paid. I support the insurance company for NOT paying the claim. The company should be forced to pay this claim. They can dip into their profit or revenue, to get the money. They hired an illegal and failed to verify his status, let their profit margin suffer.

If more companies had this burdon over their head, they would verify each new hire. When insurance pays the claim, they risk hiring illegals. If they had to pay the medical claims, every single SSN would be verified. Every identity would be double checked.

Originally Posted by magyart

I think this is just wrong. This guy was injured on the job and his medical bills should be paid. I support the insurance company for NOT paying the claim. The company should be forced to pay this claim. They can dip into their profit or revenue, to get the money. They hired an illegal and failed to verify his status, let their profit margin suffer.

If more companies had this burden over their head, they would verify each new hire. When insurance pays the claim, they risk hiring illegals. If they had to pay the medical claims, every single SSN would be verified. Every identity would be double checked.

This makes good sense to me, magyart, I agree 100%!

Let the guy that HIRED him pay the bill!!

Deport the illegal alien and put the employer in jail this solves the problem.

Originally Posted by magyart

I think this is just wrong. This guy was injured on the job and his medical bills should be paid. I support the insurance company for NOT paying the claim. The company should be forced to pay this claim. They can dip into their profit or revenue, to get the money. They hired an illegal and failed to verify his status, let their profit margin suffer.

I agree 100%. The employer should be held responsible since they hired the illegal alien.

"I want to work, but I can't," Marrufo said, speaking in Spanish. "And now, they aren't paying me."

He's been in this country for seven years, and still can't speak english???? More proof that illegals don't want to fit in. If so, they can GET OUT!!!

Besides paying the illegals bill, the company should pay a fine and serve jail time for aiding and abetting a federal felon. Marruffo should be finishing his recovery in his native land.