New York's highest court, the New York Court of Appeals, has ruled that an employer that allegedly hired undocumented aliens in violation of federal law did not lose the benefit of a provision of the state's Workers' Compensation Law limiting the ability of a third party to assert contribution and indemnity claims against the employer.
The Case
New York Hospital Medical Center alleged that it engaged Microtech Contracting to undertake demolition in a basement room housing an incinerator at the hospital's location in Flushing, Queens; that Microtech hired brothers Luis and Gerardo Lema, undocumented aliens not legally employable in the United States, to perform the work; and that the Lemas were injured and received workers' compensation benefits that Microtech's insurance carrier paid.
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