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In an opinion that illegal immigrants have equal rights to workers?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'???? compensation payments, the state Supreme Court has ruled that immigration status and federal laws ?EUR??,,????'?????<?????????????????do not undermine or diminish in any way?EUR??,,????'?????<????????????????? labor protections to undocumented workers.
The ruling was in a workers?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'???? compensation case called ?EUR??,,????'?????<?????????????????Curiel v. Environmental Management Services,?EUR??,,????'?????<????????????????? involving a Mexican citizen who was working in Charleston, S.C. using fraudulent documents. On a demolition job, an injury to Mario Curiel?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'????s right eye caused a detached retina and cost him most of his vision.
His employer, Environmental Management Services, argued that Curiel was not eligible for workers?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'???? compensation benefits because federal law prohibits hiring illegal immigrants.
Lower courts had ruled that the state?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'????s workers?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'???? compensation law explicitly includes illegal immigrants, ?EUR??,,????'?????<?????????????????whether lawfully or unlawfully employed,?EUR??,,????'?????<????????????????? a view upheld by the state Supreme Court after an October hearing in a recently released ruling.
?EUR??,,????'?????<?????????????????Disallowing benefits would mean unscrupulous employers could hire undocumented workers without the burden of insuring them, a consequence that would encourage rather than discourage the hiring of illegal workers,?EUR??,,????'?????<????????????????? wrote Justice James Moore in the unanimous opinion, which also cited a 2002 North Carolina case that established the same standard.
Myrtle Beach attorney David Canty, who has represented numerous local illegal workers in their claims, hailed the ruling as a definite standard on the issue. In the past, some employers?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'???? lawyers tried to argue Canty?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'????s undocumented clients were ineligible for compensation, he said.
Other reasons abound for providing workers?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'???? compensation payments to all workers, Canty said. If not, private workers?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'???? compensation insurance carriers would profit unfairly by taking employers?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'???? premiums for a class of employee ineligible to receive compensation.
Attorney Hubert Wood III of Charleston, who defended Environmental Management Services against Curiel?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'????s claim, said that the state workers?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'???? compensation law as it is written would have been difficult to overcome.
?EUR??,,????'?????<?????????????????That?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'????s going to be in the lap of the legislature,?EUR??,,????'?????<????????????????? Wood said.
Wood?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'????s argument contained a more legally persuasive component, he said, based on the legal doctrine that if you hide a pre-existing handicap during hiring, then suffer an injury because of it, your employer is not responsible.
Because Curiel submitted fraudulent documents to gain employment, he was hired under false pretenses, Wood said, so Environmental Management Services should have been allowed to opt out of that contract when his illegal status came to light.
?EUR??,,????'?????<?????????????????If the employer is doing everything you?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'????re supposed to be doing and is the victim of an individual perpetrating fraud on you, in that situation the employer ought to be able to void the employment contract,?EUR??,,????'?????<????????????????? Wood said.
The Supreme Court, however, ruled there was no connection between Curiel?EUR??,,????'?????<???????????????????????(R)?EUR??,,????'????s fraud and his subsequent injury, so he was entitled to compensation.
Calling the ruling ?EUR??,,????'?????<?????????????????terrible,?EUR??,,????'?????<????????????????? Patricia Matthews, Horry County, S.C. team leader of the Federal Immigration Reform and Enforcement Coalition, said injuries to illegal immigrants should be an additional opportunity to penalize employers who hire them. The workers should still receive the payment, she said, but employers should not be allowed to use private insurance carriers to pay their claims.
?EUR??,,????'?????<?????????????????If an illegal alien is hurt at a job, the employer should pay for it out of their own pocket,?EUR??,,????'?????<????????????????? Matthews said. ?EUR??,,????'?????<?????????????????I think everyone who hires them is a traitor.?EUR??,,????'?????<?????????????????
Source: Myrtle Beach Sun News
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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