Can you be sued for accidental death of an illegal worker while on the job?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you be sued for accidental death of an illegal worker while on the job?

My dad’s friend is self employed and hired an illegal worker to work for him. He’s been working with him for four years on contract labor only. My dad’s friend asked the worker multiple times about insurance and a W-9 form. The worker denied it and wanted to be paid daily with cash. My dad’s friend moves mobile homes to various locations. The worker was on a site and was told not to touch anything on the mobile home because it was not safe yet. He didn’t listen and was electructed. He did not make it and the family to trying to sue. Do they have any grounds, and what are the consequences?

Asked on July 22, 2012 under Employment Labor Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the fact situation that you have written about, if your father's friend did not have a worker's compensation policy in place for the worker that was killed there is a factual and legal basis for a lawsuit against the presumed employer by the worker's heirs for wrongful death.

However, under the laws of all states in this country, since the worker was illegally in the United States, the worker's family is precluded from seeking lost income as part of their damages.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption