Illegal Immigrants Get Workers’ Compensation

Comments (28)

The Associated Press

Published: October 19, 2005

LOS ANGELES—Illegal immigrants who are hurt on the job are entitled to workers’ compensation benefits, a state appeals court ruled.

The 2nd District Court of Appeal made the finding in a case involving Torrance-based coffee roaster Farmer Bros. Co., which had tried to deny workers’ comp benefits to an employee who was in the country illegally.

The company argued that federal immigration laws superseded the state’s workers’ compensation system, which provides medical care and disability benefits to injured employees.

The court disagreed, upholding an earlier decision against Farmer Bros. by the state Workers’ Compensation Appeals Board.

“California law has expressly declared immigration status irrelevant to the issue of liability to pay compensation to an injured worker,” the three-judge panel said in a unanimous ruling issued late Monday.

A Farmer Bros. spokesman did not immediately return a message left after hours at the company’s corporate headquarters.

Experts said the ruling marked the first time a California appeals court confirmed that illegal immigrants have a right to workers’ comp benefits.

The plaintiff in the case, Rafael Ruiz, 35, claimed he injured his shoulders, back, neck and hands by repeatedly lifting heavy sacks of coffee beans, according to his attorney’s case file.

San Leandro attorney Kari Krogseng, who filed a brief on behalf of the California Applicants’ Attorneys Association, which represents injured workers, said the decision affirms “both the common sense application of California law and what every other court in the country has routinely found: that federal immigration law does not pre-empt state workers’ compensation laws.”

Advocates for tougher immigration control criticized the ruling.

“We can’t reward people for breaking the law,” said Andy Ramirez, a spokesman for Friends of the Border Patrol, a Covina-based group that sends members to patrol the U.S. border with Mexico.

“Employers of illegal aliens should be charged and prosecuted to the full extent of the law.”

The state Department of Finance estimated that 2.6 million illegal immigrants live in California.

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Information from: Los Angeles Times, http://www.latimes.com

"ok so you say america should take out all mexican and illegaly right....have you ever thought this....who cleans the parks...who cleans the toliets and public restrooms....who cuts your vegetables...who cuts you fruit...who does all the stuff that americans wont do....THE MEXICANS!!!"
-> Posted by Elena Alonso age 16 / Jul 04, 2007

"Patricia, you know what Treason is, it is what Senator Durbin was saying, what Cindy Sheehan is doing, and the media, that are aiding the enemy. Also Look at the comments Bill Clinton was making during his administration, also John Kerry, Ted Kennedy, Madeline Albright that all said that Saddam was a threat to us.do you know the difference between a illegal alien and an legal immigrant that comes over here and follows our laws? apparently you think they are the same."
-> Posted by vicki f / Oct 28, 2005

"I agree with you Patricia, that Chaney, Rove and Libby are treators to our National Security. I stoped supporting the GOP this past week when it was discovered that Cheney told Libby about CIA covert agent Valarie Plame. I will think twice before voting for a Republican candidate again. Vicki, Mexican's were in the Americas way before the Mayflower arrived on the Eastcoast. Get over it we are hear to stay and nothing the GOP does will stop it."
-> Posted by Esteban Gomez / Oct 27, 2005

"Vicki & the GOP Haters, Were is your outrage that Dick Chaney, Karl Rove and Libby outed a Covert CIA agent; this is Treason it is worse than Watergate. National Security was breached by the Bush administration and all you can do is hate hard working people. GOP HATES AMERICA. Listen to 1240AM."
-> Posted by Patricia Hollings / Oct 27, 2005

"Jose, Look at the government, they are listening to the people. Patricia, what did you think of Bill Clinton when he said that Saddam was a threat to us. Also Illegals aliens are not undocumented workers. They are breaking the laws whether you believe it or not. They are illegal aliens."
-> Posted by vicki f / Oct 25, 2005

"Well Bush is trying to kiss up to his base by getting tuff on us but it is a sham & I will soon be singing, " yea yea we win again"
The bottom line is we r wanted by your corporation, your politicians & your women. We have the energy you all need, lator gators."
-> Posted by Jose / Oct 24, 2005

"LIKE I SAID BEFORE BUSINESS ARE CORRUPT JUST LIKE THE GOP AND THE THE CURRENT BUSH ADMINISTRATION. ROVE AND LIBBY ARE TREATORS TO OUR NATIONAL SECURITY AND ALL WE DO IS ATTACK UNDOCUMENTED WORKERS. WE ATTACKED CLINTON FOR GETTING A BLOW ____. BUT WE ALLOW TREATORS IN THE WHITE HOUSE."
-> Posted by Patricia Hollings / Oct 24, 2005

"Attention!!
ANY AND ALL ILLEGALS, WHO FEEL THEY"VE BEEN REPRESSED, MIS-REPRESENTED, UNDERPAID, OR HAVE WORKMAN COMP ISSUES?!?!

SUE YOUR EMPLOYER TODAY!!!

Thank you, this has been a public service add, in order to bring this problem to it's source: The Employer!!!"
-> Posted by Leo of Sacramento / Oct 24, 2005

"Once again these are illegals that are breaking the law in the first place, they are not Undocumented workers. They sneak over here illegally, work for a few weeks and then go back to where they came from, they don't get a visa. Why should they be entitled to welfare, school tuition cuts, health care, driver's license. Also why are they entitled to sue when they are not even a citizen."
-> Posted by vicki f / Oct 21, 2005

"Why Not? Undocumented people work for their money...why should they not have the right to get the money they get taxed for....Its their own money!"
-> Posted by Guadalupe Navarro / Oct 21, 2005

"Jose, i should have proof read what I wrote. You and the people that continue to break our laws, will never get any place with our congress people. The only ones that are for you in California is Cedillo and a few others."
-> Posted by vicki f / Oct 21, 2005

"Jose, keep talking the way you are talking and you and your group that continue to break our laws, we never get any place. People are starting to pay attention what the politicians are not doing."
-> Posted by vicki f / Oct 21, 2005

"Isn't it time we stopped the companies from hiring illegals in the first place? Perhaps it is time we stoipped them from remaining in the US. We round them up periodically and them just turn them loose again!"
-> Posted by Dave / Oct 21, 2005

"Vicki, look around, the reason there seem to be some setbacks for latinos right now is the politicians are trying to look like they are listening to you, but they are not. You do not have a problem with latinos, you have a problem with your leadership, which is crooked fom on down to the local level. It is time for revolution in this country, non violent of course."
-> Posted by Jose / Oct 21, 2005

"Jose: Cedillo's bill was vetoed down again, wake up to the fact, that the Special Interest groups, do not rule California and the United States. I am glad this happened with the illegal, it is going to get national attention, it is a good thing. Illegals need to be stopped."
-> Posted by vicki f / Oct 21, 2005

"The f--king judges must be Mexicans!
Time to learn to speak Spanish, since Mexicans rule California."
-> Posted by L.C. / Oct 21, 2005

"Vickie, no offense intended. Right now the mexicans seem to be given favored treatment, if i was a citizen i would be wondering.....what? I don't trust the leaders in mexico or here, they are up to something."
-> Posted by Jose / Oct 20, 2005

"The Illegal and the employer are at fault that this happened. Maybe employers will stop and think before they hire someone."
-> Posted by vicki f / Oct 20, 2005

"The shady one is the employer. Let's see, the interview goes like this. Speak english..NO Got driver lic. NO Any references NO Know how to read.. NO Can you work weekends, hoildays, brithdays, graveyards shifts, swing shifts, Yes Do you?"
-> Posted by Lalo Of Stockton / Oct 20, 2005

"I guess I am just not shady enough to understand how the man paid into the WC program. It seems to me that the guy could not have a valid SSN. If you don't pay in, you don't get anything out, unless you are an illegal alien.

Mr. Ruiz should have been taken into custody and deported right after he won this appeal. It is California's judges, not America's who have lost their minds."
-> Posted by Toby in Sacto / Oct 20, 2005

"You gringos could not afford coffee with union paid workers, come to think of it much of your fresh food is hand picked by Mexican cheap labor. VIVA CALIFORNIA that spanish to the rest of you!!"
-> Posted by Lalo of Stocktone / Oct 20, 2005

"Hey Jose, i am not a slave. Yes Leo I am looking at this as a good thing. It is about time."
-> Posted by vicki f / Oct 20, 2005

"Ah Ms Vicki.....look not at this lawsuit as a BAD thing...look at the POSITIVE from it.
The illegals are going to make their own problems because of this suit, far more than we seem to be able too.
I say:
ENCOURAGE MORE TO SUE!!
JACK UP WORKSMANS COMP ON COMPANY"S WHO EMPLOYEE ILLEGALS!
Then, sit back and watch the business moan..
0 = ]"
-> Posted by Leo of Sacramento / Oct 20, 2005

"Get smart Vicki, our Government is corrupt. All you have been taught was bs designed to make you a docile slave. The illegals are enjoying more representation than you, a citizen. There votes count more than yours do. Wake up & smell the coffee, the world is ruled by big money and my people are right now a better deal than you. You had better be careful at work because we are making the rules right now, for awhile until we are betrayed like you have been."
-> Posted by Jose / Oct 20, 2005

"I had gotten in trouble at work, talking about illegals about 2 weeks ago. Everyone has lost their mind on this issue. I can't even have an opinion without offending someone."
-> Posted by vicki f / Oct 20, 2005

"America's judges have lost their f--king mind!"
-> Posted by L.C. / Oct 19, 2005

"How can an Illegal Alien worker get workers compensation. Now what do these employers think now, when they think they are getting off cheap. Like I have said before, we need to stop illegals from coming into our country. Wake up Employers, look what can happen to you."
-> Posted by vicki f / Oct 19, 2005

"Lookie here!!! An illegal alien stung his employer. HAHAHAHA
Gotta luv this......Perhaps, Farmers Brothers wouldn't have HAD this issue, if they hadn't EMPLOYED an illegal alien.
Too bad now....congratulations....not only did you set precidence, you've NOW opened up the floodgates for MORE of these type of actions against you/business' like you.
The illegals are going to fix our very own problem.
Too funny......"
-> Posted by Leo of Sacramento / Oct 19, 2005