Any time an employee is injured on the job, several issues mustbe addressed in order to fully and properly protect each party'srights. Matters are further complicated when the injured employeeis in the United States illegally.

Considering the impact of a worker's status on a work-relatedinjury is not easy. From a policy standpoint, it does not seem fairfor an employer, especially one who knowingly hires the worker, toprofit off the employee's labor but then deny that person therights afforded to other employees under state workers'compensation law in the event of an injury. In the alternative, itis wrong for a worker who purposefully breaks the law by enteringthe country illegally, obtains fraudulent documents, and places anemployer at serious legal risk, to suddenly claim rights and beafforded benefits and protection under the law, and at the expenseof the employer and society, when that person needs it.

Four states (California, Florida, Nevada, and Virginia) includelanguage in their statutes that appear to clearly cover illegalaliens in their workers' compensation statutes. Twelve states --Alabama, Arkansas, Colorado, Illinois, Michigan, Montana, Nebraska,North Carolina, North Dakota, South Dakota, Texas and Utah --employ statutory language that references "aliens," without makinga legal distinction. Arizona recognizes an "unauthorized alien" as"an alien who does not have the legal right or authorization underfederal law to work in the United States."