I previously posted about Ohio House Bill 380, which was introduced in the Ohio Legislature in October of this year. The bill would prevent anyone not legally residing in the United States from receiving workers’ compensation benefits. Similar language was included in the workers’ compensation bill signed by Governor Kasich on June 30, 2017 but was removed by the Ohio Senate before the bill was signed by the Governor.
As I also noted previously, H.B. 380 provides that an employer would be liable for damages suffered as the result of the injury only if an undocumented worker establishes that the employer knew the worker was in the country illegally. The bill does not bar undocumented workers from bringing an action against an employer for an intentional tort.
A nationwide poll of those in the workers’ compensation industry was just published by workerscompensation.com. A majority, 64.6% felt that some benefits should be provided in spite of a person’s immigration status.
38.9% of the respondents felt that all benefits should be provided, while 25.7% indicated that only medical benefits should be due.
75.2% felt that injured workers found to be using false documentation for the purpose of gaining employment be reported to the government and deported. 57.5% felt that if an injured worker has already been deported benefits should not continue to be provided.
The full article can be found here Poll on undocumented benefits
Employers Workers' Compensation Law Blog 