Georgia Workers' Compensation Lawyer Blog

There's been a proposed bill for the Georgia Legislature that would attempt to change the current law in Georgia, which allows for workers' compensation benefits regardless of citizenship status.  Is this a good idea?  Let's see.

It would give incentives to local businesses to hire illegal aliens instead of U.S. citizens, since doing so would keep workers' compensation insurance premiums down (by having fewer covered workers on the policy), and if an illegal alien were to get hurt, who cares?  Not the employer's problem--it can fire the hurt worker without recourse.

And where there are more job opportunities for illegals, guess what?  More will move to Georgia.  The goal for SB7 seems to be to drive undocumented workers away.  This mission will fail.

Unemployment rates will go up for Georgia citizens, and tax revenue to the state of Georgia will go down.  Not good in a time of economic woe.

Since the Georgia Workers' Compensation Act shields employers from tort liability (and the punitive damages and oft-requested "pain and suffering" damages that accompany such), having employees who are not covered by workers' compensation may mean one can sue his employer in tort if the employer was negligent in causing the injured worker's injuries.  I get calls every week where an injured worker's injury was arguably caused by some kind of negligence at the job site, but we can't sue for such, because of the exclusive remedy provision of the Workers' Compensation Act in Georgia.

In short, SB7 is unlikely to help Georgia businesses or Georgia workers.  Let your state legislator hear as much.

However you refer to them--Illegal aliens, undocumented workers, illegal immigrants, undocumented immigrants--the Georgia Supreme Court has ruled that they are entitled to workers' compensation benefits.

Workers' compensation coverage comes via a contract with an insurance provider that includes employees of a qualifying employer. If that employer chooses to hire, or even unknowingly hires, a worker without a Social Security number, permit, visa, etc., and that worker is injured on the job, the employee may file for workers' comp benefits. His status as an illegal alien will not bar his recovery of disability benefits or medical care related to his on-the-job injury.

That being said, issues can arise if the employer offers light duty work.   The employer can't use the workers' comp discovery process to learn the injured worker is an illegal alien, refuse to offer light duty work, and expect to use that as an argument that the worker has refused to attempt light duty such that benefits can be suspended.  However, a light duty job requiring a drivers license may be used as unjustifiably refused light duty.
 
If you are an undocumented worker and have questions about how your employer is treating you after an on-the-job injury, feel free to contact my Atlanta workers' compensation law office for a consultation.  Don't speak English?  Our Atlanta accident attorney office has Spanish translators available to assist as well!