LANSING, Mich. (Michigan News Source) – The Michigan Court of Appeals has dismissed lawsuits challenging a state policy that denies on-the-job injury benefits to illegal immigrant workers, impacting many illegal immigrants who are working in the state.

Who are the plaintiffs?

The lawsuits were initiated by the Michigan Immigrant Rights Center, a non-profit organization, and were dismissed due to missed filing deadlines. The court stated, “Because plaintiff did not file notice of intent to file its claim or file its complaint within a year of the accrual of its claims, plaintiff’s complaint must be dismissed.”

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The Center is not only challenging a policy that denies injury benefits to undocumented workers but they are also facing increased demands for legal assistance, necessitating additional staff.

The story of one illegal immigrant…

The non-profit handles about 1,500 cases annually, including people like 47-year-old “Lupita.” She shared with KUNR that she twisted her ankle while working at a Michigan sawmill four years ago, resulting in severe, ongoing pain.

Despite months of physical therapy and surgery, Lupita still experiences pain and can only stand for short periods. She is currently unable to work and needs another surgery, but her medical bills are mounting. Lupita explained to KUNR, “This process has worn me down mentally, morally and physically. Because whenever one knocks on a door as an undocumented person, there’s always a closed door.”

Undocumented immigrants don’t get their lost wages covered.

Michigan Immigrant Rights Center (MIRC) attorney John Philo states, “What’s happening currently, is that when undocumented folks get injured, they may get their medical covered, but they will not get any wage loss covered.”

Philo emphasizes that the main issues of the lawsuits remain unresolved, including due process and equal protection rights, asserting that undocumented immigrants cannot be “compensated like every other worker who’s injured on the job for their lost time for work.”

What MIRC has to say…

Michigan News Source reached out to MIRC about the lawsuits and Christine Sauvé, who works in policy, engagement, and communications for the organization, responded by saying, “In 2021 the Michigan Immigrant Rights Center (MIRC), represented by Public Justice and the Sugar Law Center for Economic and Social Justice, filed a lawsuit to ensure that undocumented immigrants who are injured at work receive workers’ compensation wages in Michigan. The lawsuit, filed in the State of Michigan Court of Claims against the Governor of Michigan, challenges the Michigan Court of Appeals’ 2003 decision in Sanchez v. Eagle Alloy, which lets employers and insurance companies off the hook for failing to compensate undocumented workers injured on the job.”

Sauvé went on to say, “The lawsuit states that Michigan’s continued denial of undocumented workers’ access to workers’ compensation wages contravenes Michigan Supreme Court precedent and violates due process. The suit sought to end Michigan’s practice of punishing injured undocumented workers and shielding employers and insurance companies from responsibility.”

Sauvé asserted, “We believe everyone deserves a safe and healthy workplace and the support needed to recover when injured – no matter who you are or where you’re from….Michigan cannot function without the contributions of essential immigrant workers. Immigrants perform some of the hardest, most dangerous, and most essential work that keeps Michiganders housed and fed. They should receive the same protections under the law as other workers and be able to work in conditions that are dignified, fair, and healthy. However, for the past 21 years undocumented workers in Michigan who suffer serious workplace injuries have been unjustly denied workers compensation wages while they are recovering.”

The organization also said that forty-three social service, religious, and labor organizations — including the UAW, ACLU of Michigan, and Detroit Disability Power — signed a letter to show support for Michigan’s undocumented workers who continue to be wrongfully excluded from workers’ compensation wages. The letter is available here: https://bit.ly/WCsignonletter

About the decision by the Court of Appeals, Sauvé says, “The Court of Appeals panel did not rule on the merits of the state’s legal obligations to undocumented workers. It ruled instead that MIRC’s suit was not “timely” because the state allegedly started violating workers’ rights more than a year ago, holding that the state’s persistent misconduct is what insulates it from suit. MIRC will appeal this decision to the Michigan Supreme Court.”

Michigan Chamber says employers shouldn’t have to pay lost wages for undocumented immigrants.

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Michigan Chamber of Commerce Senior Vice President of Business Advocacy argues that employers should not bear the burden of paying lost wages to undocumented immigrants, stating, “If someone is knowingly falsifying documents to gain lawful employment, they were never there legally to begin with. And it becomes a question of whether or not the employer should be forced to pay wage loss benefits and to replace wages that shouldn’t have been paid in the first place.”