Undocumented workers
Verify IDs when hiring people from other countries
Employers need to watch for false identifications and be sure they are hiring workers who are legally documented and allowed to work in the United States.
It's not enough anymore just to see a Social Security number and a "green card." You also need to make a call to be sure those IDs are legitimate. Failing to do that can result in unexpected and costly legal consequences.
Under Minnesota and Wisconsin law, undocumented workers injured on the job are entitled to workers' compensation benefits. However, Minnesota employers and insurers had taken the position that once an unauthorized alien was released to return to work--with or without restrictions--his entitlement to wage-loss benefits immediately ends.
The reasoning had been that his employer cannot lawfully take him back and that he is not capable of conducting a diligent job search because other employers can't lawfully hire him, either, and federal law prohibits him from showing fraudulent documentation, like a counterfeit Social Security card, to get a job.
Nonetheless, the Minnesota Supreme Court in 2003 ruled that, even though an unauthorized alien cannot legally obtain employment in this situation, he can conduct a "diligent job search" and therefore is entitled to continuing workers' compensation wage-loss benefits. In the case before the court, benefits were awarded even though the employer had asked for and was provided with a Social Security number.
Lessons learned
There's a big lesson here to be heeded by employers not only in Minnesota, but also in Wisconsin and elsewhere:
The cost of workers' compensation indemnity benefits can be far greater when the injured employee is an "illegal alien." Because the employee cannot legally work in the United States, the employer does not have the option of bringing him back even to light-duty work. Nor can the workers' compensation insurer help him find a job elsewhere. But the injured employee still will continue receiving benefits until he reaches maximum medical improvement or, in Minnesota, until he reaches the 104-week maximum benefit.
Claims like these can significantly impact the employer's workers' compensation experience modification factor and premium.
Who to call
To avoid unknowingly hiring undocumented employees, employers need to take some extra steps when hiring people who've come from other countries. An employer should verify a job applicants' identity or eligibility for employment.
1. Verify the Social Security number with the Social Security Administration. Call the SSA at (800) 772-6270 or visit its website at www.ssa.gov.
2. Take advantage of services offered by the U.S. Immigration and Naturalization Service that give you the ability to verify all of the worker's documentation including a green card or other immigration cards. The agency provides software for Social Security number searches and other resources useful for employers who are hiring aliens.
Call (888) 464-4218.
|
