Fifth Circuit Rules Undocumented Immigrant Entitled to LHWCA Benefits Despite Status

An undocumented immigrant who injured himself while working as a pipefitter for Bollinger Shipyards Inc. is entitled to benefits under the Longshore and Harbor Workers’ Compensation Act despite his illegal status, the U.S. Court of Appeals for the Fifth Circuit ruled April 22 (Bollinger Shipyards Inc. v. Dir., Office of Workers’ Comp. Programs).

The appeals court affirmed the Labor Department Benefits Review Board’s award of temporary total disability benefits to Jorge Rodriguez until he reaches maximum medical improvement, as well as past and future medical expenses, interest, and attorneys’ fees.

The LHWCA’s definition of “employee” makes no reference ...