Damaged Bodies, Damaged Lives: Immigrant Worker Injuries as Dignity Takings

Authors

Jayesh Rathod, American University Washington College of LawFollow
Rachel Nadas

Document Type

Article

Publication Date

2017

Journal

Chicago-Kent Law Review

Volume

92

Issue

3

Abstract

Government data consistently affirm that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled with state-sanctioned hostility towards immigrants, creates an environment where immigrant workers are deemed to be sub-persons, and where employer impunity abounds. Drawing upon data gleaned from a research study of immigrant day laborers in northern Virginia, the article describes a range of practices by employers in cases of workplace accidents, noting the circumstances that are indicative of dehumanization, and thus, dignity takings.

Recommended Citation

Jayesh Rathod & Rachel Nadas, Damaged Bodies, Damaged Lives: Immigrant Worker Injuries as Dignity Takings, 92 Chicago-Kent Law Review (2017).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/1067