Undocumented worker's family sues for WC benefits after he was killed on the job.
In Georgia, the family of a Mexican construction worker who was killed on the job are suing for workers' compensation benefits.
Evaristo Enrique Chimal Librado, 43, was killed when a house he was helping to build collapsed on him. He was an undocumented worker from Mexico.
By Georgia law, a maximum workers’ compensation award would provide Librado's family with the greater of two-thirds of Librado’s salary for 400 weeks, or $125,000, according to an article at MainStreetNews.com. It would also provide a $7,500 death benefit.
Even though Librado wasn't in this country legally, he should still be entitled to workers' compensation benefits. But this case is complicated by the fact that Librado worked for a subcontractor. Attorneys for his family are still trying to sort out who his direct employer was and therefore which company is legally responsible for his injuries.