Bill takes aim at
illegal workers' hospital bills
By Noelle
Phillips Knight
Ridder
COLUMBIA - Cinthia Duenaz used a fake
Social Security card and work permit to get a job slicing skins and
bones from chicken breasts at a Gold Kist plant in Sumter.
Her first name on her job application - Cinthia - was spelled
differently from the "Cynthia" on her work permit. Gold Kist either
did not notice or did not care that she was an illegal
immigrant.
The company, however, did care about her legal status when she
fell off a stool at work and needed medical treatment. Gold Kist
tried, unsuccessfully, to refuse paying for her treatment.
Duenaz isn't alone.
"Antonio," a 19-year-old illegal worker who lost his leg while
burying cable lines two years ago, also ran into the same problem
when it came time to pay his hospital bills.
Attorneys who represent illegal immigrants in workers'
compensation cases say insurance companies often try to deny
payments. Duenaz hired a lawyer to file a workers' compensation
claim on her behalf.
Gold Kist denied the claim and said Duenaz was not covered
because she was an illegal worker.
The S.C. Worker's Compensation Commission ruled in Duenaz's favor
this month. Under workers' compensation laws, legal residency does
not matter.
Bills filed in the S.C. General Assembly would change that.
Who pays when an illegal worker is injured on the job
increasingly is an issue in South Carolina, where hundreds of
immigrants arrive each year to work.
They often take on dangerous jobs for low wages and are injured
at higher rates than other workers.
Many do not speak English, so they don't understand safety
instructions - if they receive training at all.
Illegal immigrants also rarely understand federal and state
employment laws, so they do not know the protections they are
entitled to receive.
This gives employers a chance to take advantage of the workers,
especially after they get hurt, advocates for the workers say.
People who do not want illegal immigrants in the community say
the workers should lose protection when they sneak into the country
and then lie about their status to get a job.
Pushing legislation
In January, two state representatives filed bills that would
eliminate workers' compensation claims for illegal immigrants who
obtain jobs through fraud, such as presenting fake ID cards and
Social Security numbers.
The proposed changes are part of an effort to rewrite the state's
workers' compensation laws.
The move to deny illegal workers' claims has not progressed in
the legislature.
The move concerns the state's Hispanic community, which makes up
the largest number of undocumented workers.
"Obviously, we're opposed," said Edgar Medina, chairman of the
S.C. Hispanic Leadership Council. "You want to have them here to
work and sacrifice, but when something goes wrong, you don't want to
take care of them. It's narrow-minded."
Hispanic workers make up 3 percent of South Carolina's population
and account for about 20 percent of workplace deaths and
injuries.
Last year, a fifth of the 34 S.C. workers killed were
Hispanic.
Debating immigration, jobs
The bills before the legislature would not stop illegal
immigrants from seeking jobs in South Carolina, Lexington lawyer
Mark Calhoun said.
If the measures passed, "they would allow employers to cheat.
They could hire people who were illegal, and, when they got hurt,
they wouldn't have to pay them," he said.
A sponsor of one of the bills, Rep. Bill Sandifer, R-Oconee, said
jobs belong to U.S. citizens and those who have gone through proper
legal channels.
The S.C. Chamber of Commerce generally supports changes to the
workers' compensation program but has not spoken on the
illegal-immigrant issue. Under most workers' compensation programs,
a business is protected from lawsuits by injured workers.
Eliminating workers' compensation coverage could provide the
opportunity to sue employers.
More
For more on job-site-hazard training for management and workers,
go to MyrtleBeachOnline.com.
Source: S.C. Occupational Safety and Health
Administration
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