The “math” on workers’ compensation benefits for illegal aliens following an email with a reader.
Editor’s comment: We don’t know your personal political spin on illegal aliens as it relates to workers’ comp benefits but we want all veteran risk managers to understand some very simple thoughts on the topic.
The math on Illegal aliens isn’t hard to follow. Plaintiff trial lawyers make money on fees. If they are retained by clients who are illegal aliens and their illegal aliens don’t get benefits, Plaintiff trial lawyers don’t get fees.
There is a persistent rumor the current Illinois Commission and reviewing courts are friendly to Illinois’ Plaintiff trial lawyers. There is also a rumor the Commission and reviewing courts aren’t quite as friendly to Illinois business.
So no matter how you spin it, illegal aliens will get WC benefits, regardless of how “illegal” that might be under federal law. No one expects the federal courts; particularly the rare air of the U.S. Supreme Court will give a hoot. It is our reasoned legal opinion the U.S. Supreme Court will not consider taking an appeal of a measly state WC claim to confirm their position in Hoffman Plastics that it is illegal for an undocumented alien to get a job and such an employment contract has an illegal purpose and should therefore be voidable without payment of further services or compensation when discovered.
We note the State of North Carolina is considering such a ruling right now. North Carolina is obviously less friendly to trial lawyers than Illinois.
And if the U.S. Supreme Court won’t straighten it out, the states, particularly Illinois, will run around doing whatever they want. So if Illinois business doesn’t want to pay benefits to Illegal aliens, don’t hire illegal aliens. If they get hurt and can’t or won’t find replacement work, the “workers’ compensation penalty” in this state may be huge. Please don’t hesitate to reply with thoughts and comments.
