South Carolina Debates Workers’ Compensation for Illegal Immigants
South Carolina legislators are pushing a bill to cut workers’ compensation benefits for illegal immigrants in an effort to strengthen what’s already one of the nation’s toughest laws aimed at keeping those workers off state payrolls.
A Senate Judiciary subcommittee debated a bill that says illegal immigrants can have medical costs covered, but would be barred from collecting disability benefits when they’re hurt on the job.
This doesn’t sit well with one of the state’s Hispanic advocates. “We can be nannies. We can be translators. … We build houses. We build hospitals,” said Diana Salazar, president of the Latino Association of Charleston. “But we cannot get benefits if we get hurt on the job because we don’t have a piece of paper? … I think it’s unfair.”
Salazar wasn’t alone in questioning the legislation proposed only a year after a new law required employers to ensure newly hired workers are in the country legally. Those that don’t get fined; those who knowingly hiring illegal immigrants will have their businesses shut down temporarily.
“I think the attempt is to punish a company that hires illegal aliens,” said Sen. Brad Hutto, D-Orangeburg, before the panel delayed acting on the bill to allow more time to gather information and testimony. Hutto said the legislation would end up leaving hospitals and doctors with unpaid bills and could end up forcing employers to firing legal workers to cover settlement costs. “Everybody gets punished.”
Insurance companies are the only winners, Hutto said, because they will pay less in claims. He called on the panel not to “penalize the doctors, the hospitals, the injured worker and then give a windfall to the insurance company.”
Gary Thibault, executive director of the South Carolina Workers’ Compensation Commission, said there is no data available showing how frequently immigrant status becomes an issue in compensation claims. In most cases, Thibault noted, courts have ruled in favor of giving benefits if there’s no explicit state law limiting payments.