"Immigrant" farm workers in New Mexico and Workers Comp

[Liquid Reigns]

Originally Posted by libertylover7

Hmmm second time I read this it is better than the first time.

Now we have an off the book employee. Who does he work for? Want to bet he is not an independent contractor employee of subcontractor Gomez who is the one who could be sued but has no money? You are not aware that these things are often set up so the actual employer is free of liability?

Then who pays? Why the damaged illegal goes to the emergency room and...well you know how that plays out.

Being here illegally can mean being deported. It can also be resolved without deportation as is likely in this case. There is no statutory requirement to deport such a person.

That knowingly part of the requirement for an offense is a really big shield. Prove he knew.

How do we have an "off the book" employee? (Your comment is so far off discussion that it needs pointing out)

There is really no case here other than AG being able to shift costs of WC from the employer to the public, for which the Judge believes that the employer should have to purchase to cover his employees.

[libertylover7]

Originally Posted by Liquid Reigns

How do we have an "off the book" employee? (Your comment is so far off discussion that it needs pointing out)

There is really no case here other than AG being able to shift costs of WC from the employer to the public, for which the Judge believes that the employer should have to purchase to cover his employees.

I did not disagree with you. I just don't think it will work on illegals. Too many ways to avoid the liaibility.

There is no paper trail that the guy worked for the farmer. There are no checks. There is no crew list. Just a contract between the farmer and a sub contractor to supply labor at a set rate...likely piece work.

[Liquid Reigns]

Originally Posted by libertylover7

I did not disagree with you. I just don't think it will work on illegals. Too many ways to avoid the liaibility.

There is no paper trail that the guy worked for the farmer. There are no checks. There is no crew list. Just a contract between the farmer and a sub contractor to supply labor at a set rate...likely piece work.

What won't work on illegals? Illegal immigrants can get workers’ comp benefits too, court rules | HR Morning | Your daily dose of HR

In its ruling, the court said that making workers’ comp benefits available to illegal immigrants is “consistent with the principle that the (District’s workers’ compensation) act is to be construed liberally to achieve its humanitarian purpose.”
If employers didn’t have to pay workers’ comp for illegal immigrants it would create a powerful incentive to hire such workers, the court said in its decision.

Which goes right back to the beginning and why I created this thread, AG pawns off its liabilities to the general public, all we want is for the employer to be liable by paying the required insurance coverage for its employees, this will cut down on the costs as accrued by illegal immigrants and the burden to the tax payer and consumer.