Workers Compensation and Illegal Aliens

Special interest groups, blogs, and Big Media are lambasting the Utah Legislature and the Utah Labor Commission for a bill and rules (p. 127) concerning workers compensation benefits. The Tribune reports, “Thanks to the Republican, employer-friendly and developer-heavy Utah Legislature, [etc.].” Golly. Those information outlets argue that the statute and rules will unfairly hurt illegal aliens.

The reality, however, is that the bill and the rules won’t change a thing for illegal aliens regarding workers compensation benefits. Not a single thing.

Currently, an injured worker’s immigration status only matters (slightly) in permanent, total disability (PTD) cases (where the worker claims that his injury makes him unable to perform any work reasonably available). If other work is found to be reasonably available, the worker (illegal or 10^th-generation American) does not receive PTD benefits. The only difference between illegal and legal workers would be that in the case of a worker with legal status, the insurer would present a witness who would say, “Worker A can work at business X. He has the proper education, training, work experience, etc. He could start Wednesday.” In the case of a worker lacking legal status, the insurer would present a witness who would say, “Worker B could work at business X. He has the proper education, training, work experience, etc.. But, he lacks legal status to be hired there.”

So, how will that scenario change under the Morley bill and the Labor Commission rule? Well, it won’t.

So, the relevant inquiry to this little drama is – why the misinformation? Is it mistake or agenda?

To determine the ultimate reliability of sources of information, it is helpful to see how they respond when they were in the wrong and they misled the public. So, I’ll invite the ACLU, JM Bell, BrownViews, and the Tribune to print whatever rephrasing or retractions they deem appropriate to garner the same amount of attention, in order to illuminate, rather than mislead, the public.