Montana Bill Prompts Vigorous Debate Among North Carolina Workers’ Compensation Experts

February 1, 2011, by Michael A. DeMayo

Last Wednesday, the Montana House of Representatives passed a piece of legislation barring illegal immigrants from being able to collect workers’ comp benefits – the measure has set off a vigorous debate among North Carolina workers’ compensation and illegal immigration analysts.

Here’s what’s going on and why:

The Montana Legislature is gearing up to “fight” illegal immigration and the negative consequence of this immigration. In addition to HB 71, which bars illegals from collecting workers’ comp, Montana lawmakers will likely vote soon on a bill that will require driver’s license applicants to verify their immigration status through a Federal database.

Last Wednesday’s 69 to 31 vote in favor of HB 71 was hailed by supporters, who believe the law will curtail workers’ comp costs and disincentivize employers from hiring illegal immigrants. Opponents, however, argue that hurt workers will now be forced to use hospital emergency services; the costs of their care will be passed down to consumers and insurers. They also argue that businesses which hire illegal immigrants – even accidentally – can now be penalized with serious lawsuits – suits big enough to destroy companies. A Republican from Sydney, Representative Walter McNutt, remarked: “It might only be four cases, but it could put an employer out of business… think hard before you vote for this. You may not be doing the best thing you can for the business people and employers of the state.”

The Court of Appeals in the District of Columbia (DC) recently voted to overturn a similar measure that said employers did not have to provide workers’ comp for illegal immigrants.

If you or a coworker or relative faces difficulties collecting from an employer or an insurance company, get good, reasoned assistance as early as you can in the process. Talk to a North Carolina workers’ compensation law firm about what you can and should do to make the process faster, simpler, and more economical.

More Web Resources:

HB 71

Bill to deny workers’ comp to illegal immigrants clears House