Re: migrant labor and workerscompensation

December 2, 2003

Don't forget that if the employer will supply them with a letter stating what is

paid, and how often, (with no repercussions to that employer), the client can

receive medical aid for his/her child(ren).

At least, that is the way it is in Kansas.

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>>> alayne@... 12/02/03 10:36AM >>>

Dear

Farmworkers and other temporary undocumented workers are often not on the

books and therefore they have no proof of employment, which makes them

ineligible under Florida's Workman's Comp. Since 9-11 I can tell you that

many crew leaders who employ the workers do not pay them with checks

anymore. Instead they pay them in cash, the transactions are meant to

ensure that employers who employ workers without legal documents stay out

of the line of scrutiny. This underground " cash economy " has some far

reaching consequences. One is that workers who have limited education are

often unaware of how much they should have been paid and when they receive

a wad of cash they often fear it is not the right amount. Another is that

we have many personal cases of folks who cannot even qualify for health

coverage for their US born children because they really have no proof of

income.

Hope this is helpful

Alayne Unterberger

At 05:08 PM 12/1/2003 -0800, you wrote:

> Rousmaniere,

>

>I'm glad to hear that this topic is of interest. I have the firm belief

>that this is quite important to worker health and safety to have the

>pressure from a wc system motivating employer health and safety

>behavior. Idaho adopted wc for its ag workers a few years ago (92 I

>think). A tragic accident and devastating accident to a farmworker was the

>back breaking straw. This is probably searchable on the web but i dont

>have a direct reference.

>

>Good luck. This is very important and I would love to see what you come up

>with.

>

> C. Keifer MD MPH

>Box 357234

>University of Washington

>Seattle, WA 98104

>phone 206 616 1452 phax 206 616 2687

>

>On Mon, 1 Dec 2003, leerailunder wrote:

>

> > I am a professional in the workers compensation field and a frequent

> > writer on that topic in the trade press. I am writing an article

> > promoting the need for coverage in all states of agricultural

> > workers. Some states exclude these workers from workers comp

> > benefits.

> >

> > The article will probably featres Arkansas, which does not cover

> > these workers, but I can refer to other states as well.

> >

> > I would much apreciate an insights into this issue, inlcuding an

> > documented cases of real harm to workers for either lack of coverage

> > or illegal behavior by employers.

> >

> > You can reach me via the groups or, preferably, directly as well at

> > pfr@...

> >

> > Thanks,

> >

> > Rousmaniere

> > Somerville MA

> >

> > To Post a message, send it to: Groups

> >

> > To Unsubscribe, send a blank message to:

> -unsubscribe

> >

December 2, 2003

Right, but often the worker is unable to obtain the letter from the crew

leader. Our staff have had to intervene to ensure that the crew

leader will get the letter to the worker. Many times, workers will

ask only once or twice.

We had a case where the wife was the one who tried to get Florida KidCare

insurance for their US born children. She told her husband she needed a

letter and he tried a few times without success. Frustrated, she

somehow got referred to us and our outreach worker intervened directly

with the crew leader. It had already caused marital discord!

So, yes, I agree with you in the abstract but in actuality getting the

letter can be a hassle for some workers.

A

At 11:46 AM 12/2/2003 -0600, you wrote:

Don't forget that if the employer

will supply them with a letter stating what is paid, and how often,

(with no repercussions to that employer), the client can receive medical

aid for his/her child(ren).

At least, that is the way it is in Kansas.

Confidentiality Notice:

This message is intended only for the use of the individual or enity to

which it is addressed, and may contain information that is privileged,

confidential and exempt from disclosure under applicable law and HIPAA

compliance. If you are not the intended recipient, please contact the

sender by reply email and destroy all copies of the original

message.

>>> alayne@... 12/02/03 10:36AM >>>

Dear

Farmworkers and other temporary undocumented workers are often not on the

books and therefore they have no proof of employment, which makes them

ineligible under Florida's Workman's Comp. Since 9-11 I can tell

you that

many crew leaders who employ the workers do not pay them with checks

anymore. Instead they pay them in cash, the transactions are meant

to

ensure that employers who employ workers without legal documents stay out

of the line of scrutiny. This underground " cash economy "

has some far

reaching consequences. One is that workers who have limited

education are

often unaware of how much they should have been paid and when they

receive

a wad of cash they often fear it is not the right amount. Another

is that

we have many personal cases of folks who cannot even qualify for health

coverage for their US born children because they really have no proof of

income.

Hope this is helpful

Alayne Unterberger

At 05:08 PM 12/1/2003 -0800, you wrote:

> Rousmaniere,

>

>I'm glad to hear that this topic is of interest. I have the firm

belief

>that this is quite important to worker health and safety to have the

>pressure from a wc system motivating employer health and safety

>behavior. Idaho adopted wc for its ag workers a few years ago

(92 I

>think). A tragic accident and devastating accident to a farmworker

was the

>back breaking straw. This is probably searchable on the web but i

dont

>have a direct reference.

>

>Good luck. This is very important and I would love to see what you

come up

>with.

>

> C. Keifer MD MPH

>Box 357234

>University of Washington

>Seattle, WA 98104

>phone 206 616 1452 phax 206 616 2687

>

>On Mon, 1 Dec 2003, leerailunder wrote:

>

> > I am a professional in the workers compensation field and a

frequent

> > writer on that topic in the trade press. I am writing an

article

> > promoting the need for coverage in all states of

agricultural

> > workers. Some states exclude these workers from workers

comp

> > benefits.

> >

> > The article will probably featres Arkansas, which does not

cover

> > these workers, but I can refer to other states as well.

> >

> > I would much apreciate an insights into this issue, inlcuding

an

> > documented cases of real harm to workers for either lack of

coverage

> > or illegal behavior by employers.

> >

> > You can reach me via the groups or, preferably, directly as

well at

> > pfr@...

> >

> > Thanks,

> >

> > Rousmaniere

> > Somerville MA

> >

> > To Post a message, send it to:

Groups

> >

> > To Unsubscribe, send a blank message to:

> -unsubscribe

> >

December 2, 2003

,

Everyone that works is required to have a social security number. In Michigan

we have had many cases that have went to court (a simple mediation) with illegal

immigrants with fake numbers. In the end, the numbers meant nothing. Both

parties were asked " did you get hurt while working for him? " , and " did he get

hurt while working for you? " . When both said yes, it didnt matter if the

immigrant was legal or not, they were compensated. On the other side, workers

should realize that as far as most employers go, they would also be responsible

for fines because of hiring the illegal persons, therefore, do not fight a work

comp case and usually pay what they have to. As far as payment in cash, they

wouldn't want to be responsible for those fines either. Much luck with your

research.

Pope

Programs Director

>>> alayne@... 12/02/03 11:36AM >>>