ANNAPOLIS, Md. -- Maryland law providing compensation for on-the-job injuries applies to illegal immigrants even if they are not lawfully employed, the Court of Appeals ruled Monday. Six of the seven judges on the state's highest court joined in the majority opinion that said the workers compensation law does not specifically mention whether status as an undocumented worker affects an employees ability to be compensated if injured at work.
The majority noted that the law specifies that it should be "construed as liberally in favor of injured employees as its provisions will permit in order to effectuate its benevolent purposes" and that "any uncertainty in the law should be resolved in favor of the claimant."
The opinion by Chief Judge Robert Bell said there is no doubt the "clear and unambiguous language of (the law) encompasses undocumented aliens."
In his dissent, Judge Glenn T. Harrell said the majority ignored a section of the law specifying that it covers minors even if they are not legal employees. He said that by specifically granting coverage to minors who are illegally employed, the legislature implied that the law was not intended to apply to adults who are also illegally employed.