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High Court Says Exclusivity Will Shield Employer of Illegal Workers

By Sherri Okamoto (Legal Reporter)

Friday, February 14, 2014 | 0

In a case of first impression, New York's highest court on Thursday unanimously ruled that workers' compensation exclusivity can shield an employer from tort liability for an employee's workplace injury, even if it has hired undocumented workers.The Court of Appeals reaffirmed the principle that the New York Workers' Compensation Law applies to all workers within the state's borders, regardless of their immigration status, in its decision in New York Hospital Medical Center of Queens v. Microtech Contracting Corp., No. 1.The court reasoned that if the illegality of an emplo...

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