Hiring Illegal Workers Leads to Large Fines, Verify Eligibility

 

Case:  Employer May Lose 30% of Employees
 
Following an investigation by U.S. Immigration and Customs Enforcement (ICE), a clothing maker announced plans to lay off around one-fourth of its factory workers in Los Angeles. The employer, who had mostly Hispanic immigrants, was notified by ICE that 1,600 of its reported 5,600 factory workers could be illegal immigrants. Officials said the company could face thousands of dollars in fines if it determined that illegal workers were knowingly brought on by the company. The fines could top more than $800 per person, according to government regulations.
 
 
Employers Can Quickly Verify Employees’ Work Eligibility
 
The employer could have avoided this situation if it had verified its employees’ eligibility to legally work in the United States. All employers must have all new employees complete a Form I-9, Employment Eligibility Verification. The employer must complete the I-9 within three days of the employee beginning work for pay. The United States Citizenship and Immigration Services (USCIS) provides these and other forms with instructions on its website, http://www.uscis.gov/portal/site/uscis
 
 
E-Verify
 
U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens or foreign citizens who have the necessary work authorization. People who have been admitted as permanent residents, granted asylum or refugee status, or have been admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Others may need to apply individually for employment authorization.
 
E-Verify is an internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. E-Verify is fast, free and easy to use – and it’s the best way employers can ensure a legal workforce. E-verify is found at http://www.uscis.gov/portal/site/uscis
 
E-Verify compares the information an employee provides on the Form I-9, Employment Eligibility Verification, against millions of government records and generally provides results in three to five seconds. If the information matches, that employee is eligible to work in the United States. If there's a mismatch, E-Verify will alert the employer. The website also has information about how employers can petition for work authorization for a potential employee. While participation in E-Verify is voluntary for most employers (though mandatory for most government contractors and subcontractors), completion of Form I-9 is required of all employers.
 
Employers can sign up for free webinars on how to use E-verify at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=413628ac1dc0c210VgnVCM100000082ca60aRCRD&vgnextchannel=413628ac1dc0c210VgnVCM100000082ca60aRCRD#For Employers
 
 
Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher.  www.reduceyourworkerscomp.com
 
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.


Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional about workers comp issues.

Washington DC Illegal Immigrant Injured at Work Can Receive Workers Comp

An illegal immigrant injured while employed is permitted to receive workers compensation, the Districts highest court recently ruled.
 
 
According to the Examiner, Palemon Gonzales was employed at a D.C. bar as a busboy on June 30, 2005, when a customer threw a bottle that hit Gonzales in the right eye, blinding him. (WCxKit)
 
 
Due to the injury, Gonzales, an illegal immigrant, had to have his dislocated lens reattached through surgery, and he wasn't able to go back to work — at a different bar — until Jan. 25, 2006.
 
 
By then, Gonzales was already in the process of trying to collect workers comp benefits. Asylum Company, which owned the bar where Gonzales was employed, contested the claim, in part, on the grounds that it contends an illegal immigrant can't receive workers comp.
 
 
The D.C. Court of Appeals, however, believes one can and Gonzales may now receive approximately $11,000.
 
 
One of the bars owners, David Karim, is now a partner in the D.C. nightclub Josephine. He testified at Gonzales workers comp hearing that the company wasn ot aware until following the injury that Gonzales was an illegal immigrant, according to court documents. The company thought Gonzales was Armando Casarrubias, Gonzales cousin, whose name was on the immigration green card that Gonzales provided when he applied for a job at the bar.
 
 
It wasnt until July 17, 2005, a few weeks after Gonzales was hit by the bottle, that Karim claimed Asylum got wind of Gonzales real identity, documents said. Up until that day, the hospital had been sending bills for Gonzales surgery to Asylum. But the bills were in Gonzales name and not in Casarrubias.
 
 
On July 17, 2005, however, Asylum figured things out when Gonzales returned to the bar and asked to restart his job despite not being cleared to do so by his doctor. The bar management turned Gonzales away anyway due to the fact, Karim testified, they now knew Gonzales was an illegal immigrant.
 
 
The workers comp board awarded Gonzales benefits and the appeals court ruled that is legal under the District's workers comp laws because, in part, doing so is "consistent with the principle that the [workers compensation] Act is to be construed liberally to achieve its humanitarian purpose." (WCxKit)
 
 
Moreover, federal laws designed to deter illegal immigrants from coming to the U.S. do not usurp the local law, the appeals court stated.
 
I'm sure we'll be hearing  more on this in the coming year.
 

Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com .

 
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com.

No Toilets and Creek Water Are Workplace Amenities

A British Columbia tree planter's contract was terminated by the provincial government while authorities investigate allegations workers were subjected to no toilets, only creek water to drink and were paid with bounced checks.
According to The Canadian Press, upwards of 30 workers were removed from the Khaira Enterprises work camp after forestry ministry staff came upon what the province's labor minister details as "substandard conditions'' last month. They were responding to complaints of illegal burning.
The company is barred from government work for at least one year and the ministry is withholding its security deposit and other funds on the grounds it contravened its contract with BC Timber Sales. (WCxKit)
"I am very concerned about the alleged substandard conditions and mistreatment of employees at this forestry work camp,'' Labour Minister Murray Coell said in a statement about terminating the contract. "The conditions described are completely unacceptable for employees.''
According to the B.C. Federation of Labour, whose staff and president spoke to about a dozen workers in recent days, most members of the group were landed immigrants from Burundi and the Republic of Congo. President Jim Sinclair said they travelled from Winnipeg, Ottawa and Montreal to earn money to pay rent and go back to school.
They are also owed tens of thousands of dollars, he alleged, and said they initially tried striking and reaching out to authorities for help, but were only rescued when Forestry got the complaint for burning rubbish.
Sinclair said the workers were treated like “virtual slaves,'' and he put the blame on the province for lack of oversight.
"I've seen lots of lousy working conditions, but this is probably the grossest example that I've seen,'' he said in an interview. "It just shows you how far we've come as a society away from the idea that government is going to stop people from being abused. "Ninety per cent of them are new immigrants, they're being taken advantage of partly because of who they are.'' Sinclair fears there could be other hidden situations like this and called for the government to make and follow through on recommendations. (WCxKit)

WorkSafe BC and the Employment Standards Branch has launched investigations, including immediately interviewing the workers. A report could take several months.

  \ Author Robert Elliott,  executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.  Contact: Robert_Elliott@ReduceYourWorkersComp.com  or 860-553-6604.  
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
  
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
 Info@ReduceYourWorkersComp.com 

False Statements in Job Applications Do Not Necessarily Make Employment Contracts Illegal and Bar Workers Compensations Benefits

Persons employed under illegal contracts of hire are usually denied compensation if the illegality results from the obligation to perform illegal acts, but not if the illegality arises merely from a prohibition against making the contract, as in the case of legislation prohibiting the employment of minors in some jobs.  While virtually all states now cover illegally employed minors, there continues to be great controversy when it comes to the status of illegal aliens.  Larson’s Workers’ Compensation Law, Chapter 66, which covers issues related to illegal employment, is being revised and updated for the June 2010 release of Larson's Workers' Compensation Law.


Courts have been
paying particular attention to the issue of false statements in employment applications.  Most courts continue to hold that such statements do not make the employment contract invalid. Benefits are barred only if (1) the employee knowingly and willfully made a false representation as to his or her physical condition; (2) the employer relied on the representation and the reliance was a substantial factor in the hiring; and (3) there was a causal relation between the false representation and the injury.

  
In one 2008 Florida case, Fast Tract Framing, Inc. v. Caraballo, 994 So. 2d 355 (Fla. Dist. Ct. App. 1st Dist. 2008), determined that under Florida's special definition of "wages" (see Fla. Stat. § 440.02(28)), only the income that was actually reported to the federal government could be considered in the computation of an injured worker's average weekly wage.  Since many undocumented workers fail to file returns, they would have no average weekly wage that could be used to compute disability benefits.  The full effect of Fast Tract Framing has been diminished, however, by two subsequent decisions – J.B.D. Bros' and Masonry, Inc. v. Miranda, 2010 Fla. App. LEXIS 544 (Fla. Dist. Ct. App. 1st Dist., Jan. 25, 2010) and Rene Stone Work Corp. v. Gonzalez, 2010 Fla. App. LEXIS 543 (Fla. Dist. Ct. App. 1st Dist., Jan. 25, 2010) [see Larson’s Workers’ Compensation Law Chapter 66, § 66.03[4][c] n38].

© Copyright 2010 LexisNexis. All rights reserved. This material is excerpted from Larson’s Workers’ Compensation Law. Reprinted with permission. 
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com 

Viewpoint on Illegal Immigrants and Workers Compensation

If you want a heated discussion among insurance people, bring up the question of workers' compensation benefits for illegal immigrants. Not only will there be differences of opinion, it will also be difficult to get all the parties to refer to the illegal immigrants with the same words. 
 
The liberals in the discussion will refer to them as undocumented workers. The conservatives in the discussion will refer to them as criminals for illegally entering the country. For this blog, let's take the middle road and refer to them as illegal immigrants. 
 
The Pros and The Cons:
Here are a couple of the arguments for paying work comp benefits to illegal immigrants and a couple of arguments against paying benefits.
 
The Arguments for Paying WC Benefits to Illegal Immigrants:
1.     The broad language of most state work comp statutes intend to include all workers without regards to their citizenship status.
 
2.      The denial of work comp benefits would encourage unscrupulous employers to hire illegal immigrants as the employers would have no work comp exposure.
 
The Arguments Against Paying WC Benefits to Illegal Immigrants:
1.     The Immigration Reform and Control Act (IRCA), a federal statute takes precedent over state laws. In the U. S. Supreme Court case of Hoffman Plastic Compounds vs. National Labor Relations Board, (not a work comp claim) the Supreme Court ruled that an illegal immigrant could not lawfully work under ICRA and prohibited compensating the illegal immigrant for work that he could not lawfully perform.
 
2.     If the illegal immigrant commits fraud to obtain a job by swearing to his citizenship status, he does not have an enforceable employment contract.
 
WC Benefit Coverage for Illegal Immigrants Varies by State:
About five weeks ago there was a news item that state representative Rashida Tlaib in Michigan was introducing legislation to specifically provide workers’ compensation benefits to illegal immigrants. About three weeks ago there was an item in the news that Ohio state senator Bill Seitz was introducing legislation to bar the payment of work comp benefits to illegal immigrants. 
 
These news item prompted some research into which states provide benefits to illegal immigrants. Just like everything else in the work comp laws, there is a lot of variation between the states. The availability of workers' compensation benefits for illegal immigrants is handled in different ways, but four general categories can be identified. They are:
 
1.    The don't ask, don't tell states which define work comp benefit eligibility without reference to an employee's citizenship status or immigration status. This includes about 30 states.
 
2.    The second group of states have work comp statutes that outline when benefits apply to immigrants but do so without addressing whether or not the immigrants arrived legally in the country. This includes Illinois, Michigan, Minnesota, North Dakota and Ohio.
 
3.    The third group of states go direct to the heart of the question with work comp laws that state illegal immigrants are covered for work comp benefits, or illegal immigrants are not covered for work comp benefits. States that specifically include illegal immigrants in their workers comp coverage are California, Florida, Nevada, New York, Texas and Utah. The states that specifically exclude work comp benefits for illegal immigrants are Idaho and Wyoming.
 
4.    The fourth group of states provides work comp benefits to “aliens and minors” who are “legally authorized to work” but do not spell out what “legally authorized to work' means.   States that fall into this category include Alabama, Arizona, Colorado, Montana, North Carolina, South Carolina and Virginia.
 
Note: This hot-button issues is the subject of various court cases, legislative efforts and measures in several states, so there may have been recent changes in the work comp statutes of a particular state they may not be reflected in the above categories.
 
Related Issues:
For the jurisdictions that do not specifically exclude illegal immigrants from coverage under the work comp laws, several other benefit issues come up.
 
1.     If the illegal immigrant status of the employee is discovered while he is off work on disability benefits (it often is), the employer cannot return the illegal immigrant to work under ICRA. How long do you pay the illegal immigrant wage loss benefits when he is not disabled, but the employer cannot take him back?
 
2.     Can the employer offer the illegal immigrant modified duty return to work to shut off temporary total disability benefits knowing the illegal immigrant cannot come back to work?
 
3.     What do you do about rehabilitation and vocational benefits for the permanently partial disabled illegal immigrant worker? Do you retrain them knowing they cannot accept a job in the United States? Do you retrain them for a job in their home country?
 
4.     In states that consider employment a contract between the employer and the employee, should the contract be null and void back to the beginning when it is entered into with deception and fraud on the part of the employee? (workersxzcompxzkit)
 
Summary:
As this is an election year, the issue of workers' compensation benefits for illegal immigrants will continue to be a hot topic in the insurance field. The employers, the illegal immigrant employees, the insurance companies, the court systems and the various state legislative bodies will continue to be involved in the debate of this topic. The final solution is yet to be decided.
 
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at:  He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
 
Podcast/Webcast: Occupational Health Strategies
Click Here:

WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php


Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
 
© 2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com.

New Required Work Visa H2A Poster Describes Farm Worker Employee Rights

The Department of Labor has published a new poster to comply with a rule making changes to the H-2A work visa program. The H-2A program covers foreign workers employed in temporary or seasonal agricultural jobs.
 
In February, the Department of Labor published a final rule amending the regulations governing the labor certification process for the temporary agricultural employment of H-2A workers in the United States and enforcement of employer obligations under the H-2A program. The new regulations went into effect on March 15, 2010. 
 
As of March 15, all program users are required to file their applications under the new regulations and comply with applicable program requirements, such as posting an H-2A poster where employees can readily see it.
 
Department of Labor Rules Change Summary:
1.      The employer must provide the department with documentation it has complied with the prerequisites for bringing H2A workers into the country, including the requirements related to recruiting for qualified U.S. workers, instead of simply attesting to compliance.
2.       Return to using the USDA Farm Labor Survey as the basis for determining the Adverse Effect Wage Rate (AEWR). The 2008 rule used the Occupational Employment Statistics Survey, which resulted in a substantial reduction of worker wages (an average of over $1.00/hour).
3.       Reinstates the critical role of the State Workforce Agencies (SWA) in assisting employers by using their expertise on local labor market conditions and recruitment patterns, thereby expanding job opportunities for U.S. workers.
4.       Reinstates the requirement that the SWA inspect and approve employer-provided housing before the department issues an H2A labor certification.
5.       Requires that all employer-provided transportation meet, at a minimum, the same Federal standards for vehicle safety, vehicle insurance, and driver licensure applicable to most other agricultural workers.
6.       Strengthens revocation and debarment authorities by providing WHD with independent debarment authority in addition to ETA, raises civil money penalties and expands audit authority to include housing.
7.       Continues to include logging as an H2A occupation.
8.        Creates a national electronic job registry for all H2A job orders to improve U.S. worker access to agricultural jobs and help growers find workers from across the U.S.
9.       Extends H2A program benefits to workers in “corresponding employment” (other workers employed by an H2A employer in any work included in the job order and any work performed by the H2A workers) to ensure that similarly employed U.S. workers are not provided with lower wages or fewer benefits.
10.    Requires employers to provide workers with copies of the job orders no later than before departure, including from the workers' home countries and to display a poster describing employee rights and protections in English and another language common to the workers at the work site. (workersxzcompxzkit)
11.    Prohibits the use of multi-area itineraries by H2A Labor Contractors, ending the practice of moving H2A workers from site to site in multiple areas of employment under one labor certification. Labor contractors participating in this program will now have the same regulatory standards as fixed-site farmers. Required surety bond amounts for H2ALCs were increased.
12.    Prohibits the approval of labor certification applications for worksites where workers are on strike or locked out and protects U.S. workers denied employment or laid off.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.


Podcast/Webcast: Claim Handling Strategies
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http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 


Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
 
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com.

E-Verify May Enable Screening of Illegal Immigrants For Federal Contractors

Rule Threatening Employers Repealed

According to  The San Francisco Chronicle, even though the Department of Homeland Security formally withdrew the “no-match” rule earlier this month, the administration is backing another program enabling employers to check workers’ names against electronic records intended to screen out illegal immigrants.  The previous ruling, debated in San Francisco federal court for two years, threatened employers with prosecution if they did not fire workers whose social security numbers failed to match a government database called E-Verify.

E-Verify, although voluntary for many employers, is mandatory for the 170,000 companies holding federal contracts and for their subcontractors. During the week of October 5, 2009, a House-Senate conference committee voted to continue E-Verify for three years.

The Federation for American Immigration Reform, backing restrictions on immigration, said the government confirmed  E-Verify is accurate in 99.6% of cases and criticized the House-Senate conference committee for not making the program permanent. (workersxzcompxzkit)

The no-match rule was designed to support a 1986 law prohibiting businesses from knowingly employing illegal immigrants, allowing employees three months to reconcile differences between the social security numbers employers received and differences in the SSA database.  If employers could not reconcile SSNs and did not release the workers they were subject to civil fines and criminal prosecution.

Author Robert Elliott,executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.

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A NEW Article: Return to Work in Unionized Companies

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues.

©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

MISSOURI Undocumented Workers Fighting the System Seeking to Regain Contract Work

Janitorial Contractor Fights to Regain Business

An Oklahoma-based  janitorial contractor who claims Missouri wrongly put him out of business two years ago over allegations he employed illegal immigrants said this week in court that he wants to once again clean buildings, according to The Associated Press.

Missouri
canceled  nine contracts with the business after state and federal authorities detained approximately two dozen of the company’s Jefferson City workers during a March 2007 immigration sting. The janitorial service, which also serviced buildings in Kansas City and Columbia, was prohibited from applying for new state contracts.

The owner
 filed a lawsuit in fall 2007 and accused Missouri’s governor at the time of abusing his power. The owner contends he checked his employees’ documents and denied knowingly hiring any illegal immigrants.

Missouri‘s assistant  attorney general, who backed terminating the contracts, said the employer was required to follow local, state and federal laws and that a clause allowed for the contracts to be ended without notice if laws were broken. The assistant AG claims that the immigration raid gave the state a reasonable belief that a federal law was violated. He added that the contract also permitted the state to terminate it for any reason with 30 days notice. A Cole County judge gave attorneys two weeks to submit any written arguments. (workersxzcompxzkit)

Only a small  number of the janitors caught in the immigration sting were found guilty or pleaded guilty to any crimes.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.

We are accepting articles on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.


©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

FLORIDA Workers Comp Construction Subs MUST Check Workers Status

Subcontractors Warned to Check Workers’ Status; 15 Arrested

In spite of  a warning to sub-contractors to check work status of all employees, fifteen undocumented workers were taken into custody at or near the construction location for the new Duval County Courthouse. All 15 employees work for a business responsible for doing concrete work on the site. The employer should have workers’ compensation coverage for those workers.

U.S. Border Patrol  officials took eight employees near the job site into custody in the first incident, including one who attempted to hide beneath a parked car, according to an agent.

Less than  a week later, the city called a meeting with the company constructing the courthouse, to emphasize that the contract could be rescinded for employing undocumented workers.

The company  reportedly sent a letter to subcontractors and, a week later, seven workers were removed from the job site.  The subcontractor was reportedly still working on the site because the contractor had not confirmed the arrested workers were illegal immigrants.

The city’s contract  with the contractor prohibits employing undocumented workers. The company’s agreements with subcontractors reportedly contain the same language. (workersxzcompxzkit)

Deportation proceedings  are going forward for the 15 arrested persons according to a Border Patrol agent.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.

We are accepting short articles* (300-800 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp insurance issues.

©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

Collecting Workers Comp From One Company While Working Elsewhere

Employed But Collecting Workers’ Comp

 A worker was  arrested and charged with three felonies after he allegedly lied to receive workers’ compensation while employed according to the Washington County Sheriff’s Department following an investigation by the New York State Workers’ Compensation Board.

Authorities say  the man filed for workers’ comp after he was allegedly injured at a former place of employment. He received benefits from the state, while reportedly employed at another business. (workersxzcompxzkit)

The man is charged with three felonies: third-degree insurance fraud, first-degree falsifying business records, and third-degree grand larceny and one count of offering a false statement, a misdemeanor.

Penalty of Hiring the Illegal Worker

A restaurant owner  pleaded guilty in U.S. District court admitting he allowed nine illegal immigrants to work for him in his restaurants and live on properties he provided. He also admitted  he knew the workers were not permitted to legally reside in the United States at the time, according to Assistant U.S. Attorney Tiffany Lee.  The plea  was the result of an investigation conducted by U.S. Immigration and Customs. (workersxzcompxzkit)

Scheduled for sentencing U.S. District Court, the defendant faces a maximum term of five years in prison and/or a fine of $250,000. 

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.

We are accepting short articles* (300-800 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com.

A NEW ARTICLE:  Return to Work in Unionized Companies
http://reduceyourworkerscomp.com/Return-to-Work-Programs-Unionized-Companies.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues.
 
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

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