Ohio Senate Bill 176* prohibits illegal and unauthorized aliens from receiving benefits under Ohio's workers' compensation system. To accomplish this task, the Bill excludes “[a]n illegal alien or an unauthorized alien” from the definition of an “employee.” Despite being excluded from the definition of employee, the Bill maintains that an illegal or unauthorized alien may not otherwise recover from the employer for his or her workplace injury, unless the employer employed the individual knowing that he or she was not legally permitted to work in the United States. In such cases, the typical employer immunity from claims for wrongful acts, omissions, and neglect that is provided by Ohio’s workers’ compensation laws is abolished. The Bill also clarifies that it does not prevent an unauthorized alien from pursuing an intentional tort claim against an employer. The full text of the Bill can be accessed here.
*The Bill was introduced on August 12, 2013. The Bill is a reintroduction of Senate Bill 323 which died during the last General Assembly