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ARTICLE · 05 OCTOBER 2017

The Interplay Between Illegal Alien Status And Fraud Under The Workers' Compensation Act

Drew Eckl & Farnham, LLP
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Illegal alien status and its role in the workers' compensation arena has always been a hot topic, but it is hotter than ever right now, at least in large part due to our current political climate.

United StatesEmployment and HR
Taylor S. Poncz
Taylor S. Poncz
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Illegal alien status and its role in the workers' compensation arena has always been a hot topic, but it is hotter than ever right now, at least in large part due to our current political climate. Employers and insurers, rightfully so, are frustrated by the fact that many injured workers are not in the country legally. Defense attorneys are often asked whether the employer/insurer have any recourse in this scenario.

A series of cases decided all in a row more than a decade ago form the framework for the fundamental holding that one's status as an illegal alien, meaning someone who has entered the United States illegally or is an alien who has entered legally but has lost his legal status and is deportable, does not bar his right to benefits.

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