In Kalyta v. Versa Products, et. al., a federal judge found that an illegal immigrant can assert a lost wage claim in connection with a lawsuit for personal injuries.

In this matter, plaintiff had entered the United States under a student visa. Instead of going to school, plaintiff immediately began working. Eventually he was hired by a satellite dish installation company. While installing a satellite dish approximately twelve feet above the ground, the ladder he was using collapsed. As a result of his fall, plaintiff alleges to have sustained significant injuries. Plaintiff not only sued for personal injuries, but lost wages due to his inability to work as a result of those injuries (plaintiff’s settlement demand of $4.5 million consists of $1.5 million for lost wages). Plaintiff filed suit against Home Depot and Louisville Ladder.