I rise in strong support of H.R. 1715. The workers compensation system was established to provide relief to injured employees in exchange for limited liability for the employer. Unfortunately. on March 21. 1990. the Supreme Court. in the case of Adams Fruit versus Barrett. ruled that an employee covered under the Migrant and Seasonal Agricultural Worker Protection Act [MSPA] could collect workers compensation and still bring a private right of action. The decision in Adams Fruit places agricultural employers as the only employers in America who can be sued by their employees as a result of workplace injuries even where they have provided workers compensation. This is unfair to our farmers. especially in those States where agricultural employers are required to participate in the workers compensation system. I am proud to say that I am a cosponsor of H.R. 1715 and strongly support this legislation. When Congress passed MSPA. it did not intend for it to replace the workers compensation system. Everyone wants to ensure that migrant and seasonal workers rights are protected and H.R. 1715 does just that. North Carolina is one of the leading agricultural States in our Nation. Farmers in North Carolina and other States should not be singled out and treated any differently from other employers who provide workers compensation.
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migrant Migrant