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Mexican Invasion
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Title: Illegal Immigrant Injured on the Job Sues for Lost Wages, Benefits He Shouldn’t Have Been Getting
Source: Breitbart
URL Source: http://www.breitbart.com/big-govern ... he-shouldnt-have-been-getting/
Published: Feb 5, 2016
Author: Warner Todd Huston
Post Date: 2016-02-06 19:13:54 by cranky
Keywords: None
Views: 839
Comments: 8

An illegal immigrant, who was permanently injured on the job in Indianapolis, is suing to recover the wages and other benefits he lost after his injury, even though, as an undocumented worker, he shouldn’t even have been employed.

Court documents say Noe Escamilla slipped and fell in 2010 while trying to lifting a heavy piece of stone at Wabash College in Crawfordsville, Indiana, and now, according to doctors, he can’t lift more than 20 pounds. Escamilla is suing the Indianapolis-based construction and maintenance company Shiel Sexton Co., saying his injuries now prevent him from earning a living.

The 29-year-old Escamilla already tried to take his claims to court once, but a Montgomery County Superior Court judge ruled that, because he is an undocumented worker, he could not claim the money and benefits. The judge based her decision in part on the fact that Escamilla violated federal law by misrepresenting his immigration status on his job application.

He is now taking his case to the Indiana Court of Appeals to reverse Judge Heather Dennison’s ruling denying his claims.

KHOU.com reports that investigators discovered that, in 2008 when he was hired by Masonry by Mohler, a subcontractor of Shiel Sexton, he gave them a stolen Social Security number belonging to someone living in California.

The company never verified the worker’s information when he was hired. He was on the job two years before he was injured. Further, since his injury, Escamilla was granted permanent residency status by Obama’s Department of Homeland Security in 2014.

Some experts claim neither of the companies Escamilla is associated with have any liability at all and the plaintiff has no grounds at all to sue.

Other experts have speculated Escamilla might prevail if he asks for the benefits and wages paid at the levels he would have earned in Mexico for similar work.

But Chad Staller, president of The Center for Forensic Economic Studies, told the Indy Star the scheme might not work and Escamilla would be better served to demand the full wages of an American citizen.

“Based upon all the factors in this matter, the earnings power of Mr. Escamilla based upon the Mexican peso may not accurately represent Mr. Escamilla’s future economic damages,” Staller told the paper.

The case has no precedent in Indiana and could be a banner decision for illegal immigrants.

If the case is adjudicated in Escamilla’s favor, workers who have no legal status could benefit greatly in future injury cases and such a decision would tend toward breaking down the rules preventing illegals from receiving benefits for which they currently do not qualify. (1 image)

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#1. To: cranky (#0)

The case SHOULD be decided in the worker's favor.

Yes, he was here illegally. And he had no right to work.

But his employer had no right to hire him, and no right to derive any sort of profit FROM his work.

The employer did in fact hire him, and did in fact profit from his work.

Once an employer hires somebody and puts him on the job, the employer is fully responsible for workplace injuries, regardless of the legal status of the worker. By hiring the illegal worker, the employer took the risk of breaking employment laws. That DOES NOT, and SHOULD NOT, give the employer exoneration from worker's insurance or worker injury.

The worker can be deported, because he's illegal, and collect his settlement to spend it in Mexico. But there is no reason whatever to allow an employer who CHOSE to hire illegals (in order to make more profit) to then weasel out of legal responsibility for injuries also. because of the illegal status of the worker.

The worker AND THE EMPLOYER broke laws, but breaking one law - an immigration law - does not, and SHOULD NOT - exonerate everybody else with regards to the illegal.

A comparable example "Oh, she was an ILLEGAL, so it was ok to rape her?" No, she was an illegal, she had no right to be here, but her illegal status does not mean that legal residents have open season to do whatever the hell.

"Oh, he was speeding, so it was ok for me to shoot him when he cut me off - he was breaking the law."

"He was an ILLEGAL, so I'm not responsible if I run him over drunk driver."

Absurd.

His illegal status had nothing to do with his injury, other than the fact that the employer probably hired him BECAUSE he was illegal - so that the employer could avoid paying various taxes and insurance he would have to pay on a legal. Now he's injured, the employer does not get to benefit AGAIN by not having responsibility for his workplace injuries.

Vicomte13  posted on  2016-02-07   9:06:07 ET  Reply   Trace   Private Reply  


#2. To: Vicomte13 (#1)

Once an employer hires somebody and puts him on the job, the employer is fully responsible for workplace injuries, regardless of the legal status of the worker.

I'm not sure a criminal has (or should have) a legal right to profit from his/her crime.

But I'll wait for the next court decision.

There are three kinds of people in the world: those that can add and those that can't

cranky  posted on  2016-02-07   9:22:31 ET  Reply   Trace   Private Reply  


#3. To: cranky (#0)

The 29-year-old Escamilla already tried to take his claims to court once, but a Montgomery County Superior Court judge ruled that, because he is an undocumented worker, he could not claim the money and benefits. The judge based her decision in part on the fact that Escamilla violated federal law by misrepresenting his immigration status on his job application. .......

.....KHOU.com reports that investigators discovered that, in 2008 when he was hired by Masonry by Mohler, a subcontractor of Shiel Sexton, he gave them a stolen Social Security number belonging to someone living in California.

Ok,she he committed one crime be entering the country illegall.

Then he lied on a job application about his immigration status.

And he used a stolen Social Security number go commit felony fraud against the government of the United States.

Somebody correct me if I am wrong,but isn't there a federal law that forbids criminals from profiting from their crimes?

The law suit should be thrown out,and once he completes his prison sentence for the SS fraud and for invading our country,he should be thrown out,also.

Why is there any question about this when the law is clear and so is his guilt? If the His and Her Panics don't like this,maybe they should go back to their native lands to live?

ISLAM MEANS SUBMISSION!

Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)

American Indians had open borders. Look at how well that worked out for them.

sneakypete  posted on  2016-02-07   11:50:19 ET  Reply   Trace   Private Reply  


#4. To: cranky (#2)

I'm not sure a criminal has (or should have) a legal right to profit from his/her crime.

The employer is a criminal. He illegally hired somebody he was prohibited by law from hiring.

Why did he commit that crime? To steal money from the taxpayers - to not have to pay taxes on the illegal labor, to not have to carry the same insurance - to avoid the labor protection laws.

So, the employer committed multiple crimes out of the employers own personal greed, to enrich himself.

He brought workers he had no right to employ to a job site. Then he failed to supervise properly, so a worker got hurt. Normally the employer is liable for the injuries and has to pay, or has insurance to pay, if it happens.

But the employer committed various economic crimes to AVOID paying for insurance, workers' comp etc. He broke the law in multiple ways out of greed, to put more money in his own pocket that SHOULD HAVE GONE to covering such things.

Now there is an injured worker, and the employer gets to KEEP the money stolen from his economic crimes - of hiring the illegal, not having insurance, and not supervising properly?

The crime of being an illegal alien and accepting work allows American employers to commit scores of crimes and keep all of the stolen money, because we're just going to focus on the illegal status of the worker? One criminal - the richer, more powerful one who committed many more and more serious crimes, gets away with it and gets to keep the money, because he WISELY hired illegals and therefore doesn't have to pay when THAT kind of worker gets hired?

Pretty interesting standard of justice.

The courts won't buy it.

Vicomte13  posted on  2016-02-07   14:24:08 ET  Reply   Trace   Private Reply  


#5. To: Vicomte13 (#4)

The crime of being an illegal alien and accepting work allows American employers to commit scores of crimes and keep all of the stolen money, because we're just going to focus on the illegal status of the worker?

I hope so.

The illegal invader had total control over whether or not this situation occurred. The illegal invader, alone, had the power to prevent it from happening.

Now, hopefully, he will reap what he has sown.

But I'll wait for the final decision before I celebrate.

There are three kinds of people in the world: those that can add and those that can't

cranky  posted on  2016-02-07   16:11:21 ET  Reply   Trace   Private Reply  


#6. To: cranky (#5)

But I'll wait for the final decision before I celebrate.

Better not pop the cork on the champagne too soon. The employer will have liability for workplace accidents.

Vicomte13  posted on  2016-02-07   16:59:16 ET  Reply   Trace   Private Reply  


#7. To: Vicomte13 (#6)

The employer will have liability for workplace accidents.

That will be the silver lining.

At least then, some the employers that aided and abetted the illegal invaders may be sued out of existence.

There are three kinds of people in the world: those that can add and those that can't

cranky  posted on  2016-02-07   17:37:51 ET  Reply   Trace   Private Reply  


#8. To: Vicomte13 (#4)

*I'm not sure a criminal has (or should have) a legal right to profit from his/her crime.

I would also assume that since the employee committed fraud, there would be no right to collect any further damages beyond those to pay for rectifying an injury (medical/legal fees).

The fallout of this case should also include some much needed jail time for fraud and violation of federal immigration laws.

*The employer is a criminal. He illegally hired somebody he was prohibited by law from hiring.

I also think that you are right too. The employer should be charged with ignoring labor laws with respect to the hiring of illegal aliens. Fines and jail time are in order.

I disagree that the employer should pay for "lost wages" or any other damages beyond medical or legal fees for the "employee". The "employee" did not have a right to collect wages legally, so why does he deserve them after being injured? Does the injury after the fact justify his actions beforehand?

In summary, I think both the employer and "employee" should both lose in the end. Of course, we can rely on our justice system to get this horribly wrong.

We're doomed. Pop some popcorn and relax while the end begins.

TheFireBert  posted on  2016-02-08   2:20:44 ET  Reply   Trace   Private Reply  


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