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Jed Boal ReportingHispanic leaders today called for public hearings on the treatment of undocumented workers by Workers' Compensation Fund. Those leaders felt unfairly treated today at a Labor Commission meeting when a volatile issue was buried.
At the heart of the issue is whether undocumented workers get the benefits they are due when they are hurt on the job. Workers' Compensation Fund assures that. Critics argue it doesn't work out that way.
It's another example of the uproar and uncertainly over immigration issues. Workers Compensation Fund pledges benefits to injured workers, regardless of immigration status, but if that undocumented worker is hurt and found out, he may be fired or kicked out of the country.
At Workers' Compensation Advisory Council, Latino leaders said undocumented workers are abused too often. A proposed bill up for consideration by the Workers' Compensation Advisory Council would have denied benefits to a jailed or imprisoned employee or an undocumented worker.
The WCF pulled the proposal at this morning's meeting, saying it was crafted with specific cases in mind and not intended to cut benefits to all undocumented workers.
Lane Summerhays, Workers Compensation Fund of Utah: "An employer knowingly could have hired an undocumented worker that could be injured on the job. When it came time for them to go back to work, the employer could then say, 'I don't want to take them back,' and that's not fair."
Civil Rights Attorney Mike Martinez contends that's already the practice by many employers and he claims Workers' Comp wants to make that a formal policy.
Mike Martinez, Civil Rights Attorney: "Their practice is to actually do that. If they inquire as to your legal status, they try to cut your benefits off, saying you're not re-employable. And we think the practice, in fact, is what they were trying to put into legislation."
Workers' Comp says it will work with the Hispanic community on benefits education and plans to meet with leaders about these issues.
Lane Summerhays, Workers Compensation Fund of Utah: "It's not a big enough issue to open that Pandora's box with regard to undocumented workers."
Workers Compensation says it is not trying to identify undocumented workers and deny benefits. Latino leaders argue that's the way it works in practice.
