Illegal aliens can recover lost U.S. wages

In Balbuena v. IDR Realty LLC, New York State's highest court, The New York Court of Appeals, declined to bar illegal aliens who are plaintiffs in personal injury lawsuits from recovering wages lost as a result of their injuries.

The Washington Legal Foundation (WLF), as defendants in other similar cases have argued, argued that such awards are preempted by federal law because they undermine federal immigration policy by encouraging more illegal aliens to enter the country.

The court did not agree with the WLF.

BACKGROUND ON THE CASE:

This personal injury tort suit was filed by Gorgonio Balbuena, an illegal alien who was
severely injured while working for Taman Management Corp. Balbuena’s right to recover for his injuries and medical expenses was notchallenged; but Balbuena also claimed that he was entitled to recover the wages he could have earned in this country had he not been injured.

The intermediate appellate court held that he should be able to recover lost wages based on the average wages a similarly skilled worker earns in his native Mexico. Both sides appealed from that decision.

A copy of WLF’s brief is posted on its web site, www.wlf.org.