Illegal immigrants injured on the job are entitled to workers' compensation benefits, the South Carolina Supreme Court has ruled in the case of an undocumented employee who suffered an eye injury at work.

Providing benefits to injured illegal alien workers does not conflict with federal law, and "disallowing benefits would mean unscrupulous employers could hire undocumented workers without the burden of insuring them," and would be encouraged to hire them, the court found.

In making its ruling late last month, the unanimous court decision--written by Justice James Moore--mentioned a North Carolina court decision that the federal Immigration Reform and Control Act (IRCA) does not bar comp benefits, and noted that "other state courts [in Florida, Georgia, Maryland and Minnesota] have ruled the same way."

The South Carolina case was brought by Mario B. Curiel, described in the opinion as a Mexican national, "admittedly an illegal alien worker," who suffered a detached retina in 2002 while doing demolition work for his employer--Environmental Management Services. The decision said he had used fraudulent documents to get hired.

EMS argued that Mr. Curiel was not entitled to benefits because IRCA prohibits the hiring of illegal aliens and the use of fraudulent documents to gain employment.

However, the high court noted a congressional report saying IRCA was not intended to diminish labor protections in existing law, adding that IRCA "contains no specific provision forbidding workers' compensation benefits to illegal alien workers."

Further, the court said that South Carolina workers' comp law defines employees as those engaged in employment, "including aliens and also including minors, whether lawfully or unlawfully employed."

In addition to a final decision on the immigration issue, the court sent the case back to the State Workers' Compensation Commission to reexamine the amount of benefits to which Mr. Curiel is entitled, which were in dispute.

EMS was insured by Reliance National Insurance, which has gone insolvent, with the benefits covered by the South Carolina Property and Casualty Insurance Guaranty Association fund.

Special Reports /

S.C. High Court Says Illegals Have Comp Cover

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