Adelson, Testan, Brundo & Jimenez (ATB Law) is committed to providing timely and practical information to employers concerned about workers’ compensation, and recent news from the state of Nebraska bears dissemination. The Nebraska Supreme Court recently ruled that illegal immigrants in the state are entitled to the same workers’ compensation disability benefits as legal workers, placing Nebraska among a growing number of states with comparable laws.
In its ruling on Moyera v. Quality Pork International, the Nebraska Supreme Court noted the legal inconsistency in denying workers’ compensation to illegal immigrants when this group is permitted to sue employers under tort law to recover damages in such cases. The Court also stated in its opinion that denying these individuals such benefits could incentivize the hiring of illegal immigrants, as by doing so employers could potentially avoid liability for workplace injuries by hiring illegal rather than legal workers.
Coverage for Illegal Immigrants Varies from State to State
Florida, Nevada, Texas, and Utah already have similar laws requiring employers to cover disability benefits for injuries sustained by illegal immigrants in the workplace. California also requires employers to pay workers’ compensation claims for illegal immigrants. Other states may expressly prohibit illegal immigrants from receiving workers’ compensation; Idaho and Wyoming are two states with such laws on the books. Still other states have ambiguous positions on this issue.
The differences in state laws can create obstacles for businesses with locations in multiple states that may have conflicting laws. The workers’ compensation attorneys of Adelson Testan et al. are aware of the uncertainties this causes for employers, and are prepared to help clients navigate the legal patchwork this situation creates in the following states:
- New Jersey
Whether your business requires workers’ compensation defense or workers’ compensation consultation to lower costs and reduce uncertainty, Adelson, Testan, Brundo & Jimenez are available to help. Contact us today to learn more about our firm’s comprehensive workers’ compensation defense services.