November 21, 2008

Illegal Aliens Entitled to Their Lost Wages

SCAFFOLD FALL
The Appellate Division Second Department decided a case on November 12, 2008 has determined that a laborer from Ecuador, who was in the United States without permission, was entitled to recover lost wages as a result of his injuries from a fall at a construction site. The worker fell from a makeshift scaffolding at a townhouse construction site after he was hired by one of the construction site companies to perform work. As a result of the fall of approximately 25 feet, the worker was left paralyzed. In December 2006, a jury awarded the worker $3.3 million, which included the very low amount of $102,000 for lost wages. The Court ruled that because the worker's employer violated The Immigration Reform and Control Act of 1986 by not verifying the worker's identification documents, the worker was able to submit a claim for his actual lost wages to the jury. The Court then ordered a new trial unless defendants agreed to pay $6.8 million. http://www.foleygriffin.com/