| Title: |
Workers' Compensation for Undocumented Workers: A Discussion of the Regulatory Complexities. |
| Authors: |
Query, J. Tim1 tquery@nmsu.edu |
| Source: |
Journal of Insurance Regulation. Winter2006, Vol. 25 Issue 2, p3-19. 17p. |
| Subject Terms: |
*Workers' compensation; *Undocumented immigrants; *Foreign workers; *Labor laws; Residence requirements |
| Geographic Terms: |
United States |
| Abstract: |
Interest in the issue of undocumented workers in the United States has increased dramatically over the past year. While the federal government estimates the number of illegal aliens in the United States to be between 10 million and 12 million, some independent groups project that number to be much higher. Most political responses to the issue have focused on border security, employer sanctions and guest worker passes or amnesty for current illegal workers. However, little has been mentioned in the national media about the matter of what rights, if any, undocumented workers have when injured on the job. A majority of state courts and state legislatures have recognized the net public policy advantage of providing workers' compensation benefits to undocumented workers. Factors such as state definitions of an employee, the federal Immigration Reform and Control Act of 1986 (IRCA), wage levels on which to base benefits, worker safety, employer/employee fraud and implementation of vocational rehabilitation have provided a tumultuous road to regulatory solutions. [ABSTRACT FROM AUTHOR] |
| : |
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| Database: |
Business Source Premier |