Can an illegal alien, undocumented worker sue his employer for his
injury at work?
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This entry was posted
on Saturday, February 27th, 2010 at 3:10 pm and is filed under Injuries.
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Probably not. The right to sue someone belongs to legal citizens. If the illegal got hurt…oh well. Let him deal with it and use his own money to get medical attention.
Yes, from the airplane during the flight back home.
I would hope the answer is no way but with all the crazy law suits going on these days who knows.
Absolutely not. Unless they have the legal right to work in this country whether it be by citizenship or work visa, they are not allowed to work here and are not under the protection of Workers’ Compensation or any other benefits provided by employment law.
Not without causing them-self a problem also. It can be done and the employer will be dealt with, but ALL other undocumented workers will get busted as well.
Yes they can. Legally, there is no reason why an illegal alien can’t file a lawsuit. An illegal alien wouldn’t be covered by worker’s comp and other government programs, but they could collect from their employer for any damages they might be entitled to.
Of course, this would be risky for both parties because the illegal alien might get deported and the employer might get sanctioned for hiring him/her.
One…YES, ANYONE can file a law suit in the United States… Two,
a claim for WC benefits is generally the exclusive remedy for
industrial injury/illness. Three… even IF the employee is
illegal, many states provide for WC benefits to the injured worker.
Regardless of the legal status of the employee/injured worker…the
employer is STILL liable for the injury. Regardless of what the
naysayers here say. File the claim for WC benefits with your
employer. Let the chips fall where they may if the employer has no
WC coverage. And, IF the employer has not purchased coverage for
injury to a illegal worker… you CAN sue in civil court for
damages. And FOUR… The employee is NOT the insured party here…
the EMPLOYER is insured for their financial exposure and liability
for the injury of their employees. So, people, get your facts right
before you start spouting off about what an employee/illegal or
otherwise, can or cannot do, or who is or is not covered for injury
in the workplace. You are all wrong so far….
anon, does this apply for NJ laws?