GILLETTE (AP) - The state Supreme Court has agreed to consider whether illegal aliens can sue the companies that hire them for compensation for an on-the-job injury.

The involves Javier Molina, who had been working illegally for Freund Construction about 10 years when a Caterpillar Sideboom ran him over at a Campbell County coal-bed methane pipeline work site. Molina lost his right leg as a result.

Under state law, Molina was not allowed to collect workers' compensation. Instead, he sued his former employer for damages earlier this year.

District Court Judge Dan R. Price II asked the Supreme Court to become involved because there is no precedent to guide his decision on the case.

Last week, Chief Justice William U. Hill agreed on behalf of the Supreme Court to look into the issue.

The Supreme Court has not yet set a date to hear arguments on the case.

According to court papers, Molina worked for Freund from August 1994 until he was injured while unloading pipe from a flatbed trailer June 4, 2004.

Despite his status as an illegal alien and undocumented worker, Molina gave the company a Social Security card and a resident alien card and signed an Immigration and Naturalization Service employment eligibility form.

During the 10 years that Molina worked for Freund, the Social Security Administration sent the company three letters saying that the Social Security numbers didn't check out.

The first time, Molina gave his name as Alfredo Tunon. Later, he provided the name Gabriel Molina. Finally, he gave the name Mario Molina. Each time Molina gave the company a different Social Security number.

Freund continued to employ Molina and paid his state workers' compensation premiums.

After the accident, Molina applied for workers' compensation but was denied.

Molina's lawyer Jeffrey Gonda said the company knew it was hiring illegal workers. During discovery, it was found that the SSA warned the company about dozens of potentially fraudulent Social Security numbers.

"They know they're hiring these people," Gonda said. "We're not even saying that's a bad thing. We're only saying it's a bad thing if they get hung out to dry in the work place."

Bill McKellar, Freund's lawyer, said federal immigration laws make it hard for employers to do anything if they suspect a worker is here illegally.

Under the law, companies can't question immigration documents from a worker, McKellar said.

The SSA's letters to the company also warned against firing a worker suspected of using false documents, he said.

Instead, the SSA suggested that Freund tell the worker to check the Social Security card for any discrepancies or contact a Social Security office to resolve the problem.

Gonda said Workers Compensation is an agreement where both employer and employee give up certain rights in exchange for certain benefits. Workers give up the right to sue in exchange for guaranteed health care if an accident happens, and companies are protected from costly lawsuits.

By not allowing undocumented workers to sue, the state would be upholding one end of the bargain but not the other, Gonda said.

If the worker is not going to get the benefits, neither should the employer, he said.

But McKellar said Freund upheld its obligations and paid Workers Compensation premiums with the understanding that it would be protected from a lawsuit.

He said it is not fair to punish Freund for laws that Molina broke.