Court Says Undocumented Workers are Eligible for Workers' Comp Benefits
Posted on Dec 14, 2009 2:50pm PST
In a controversial ruling, the Nebraska Court of Appeals upheld a lower court's ruling that an illegal immigrant who suffered an injury at the slaughterhouse where he worked is eligible to recover workers' compensation benefits.
Odilon Visoso, an employee of Cargill Meat Solutions, suffered an injury when a slab of meat fell off a hook and hit his neck, back, and shoulders. Visoso continued to work at the plant until he had surgery for his injuries. Cargill then fired Visoso after discovering he was an illegal immigrant.
Visoso eventually filed for workers' compensation benefits. Cargill argued that he shouldn't be eligible to receive workers' comp benefits since he is not a U.S. citizen.
But the Nebraska Workers' Compensation Court ruled that all employees who suffer an injury on the job, including undocumented workers, are eligible for workers' compensation benefits. When Cargill tried to appeal this ruling, the Court of Appeal upheld the lower court's ruling.
Visoso is now eligible to receive weekly payments of $343.04, compensation for future medical care relating to his injury, and other benefits.
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