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September 28, 2007
Lawyer: Let injured Mexican worker stay in U.S.
PROVIDENCE -- An immigration lawyer is petitioning for Edgar Velásquez to remain in the country beyond Sunday, when his five-day humanitarian visa expires. The government-issued visa allowed Velásquez to travel from Mexico and attend a workers’ compensation pre-trial hearing yesterday against a former employer, for whom Velásquez worked when he slashed his face open with a chain saw last year.
Velásquez was in the country illegally at the time.
Bernard P. Healy, lawyer for the state Department of Labor, told workers’ compensation Judge Bruce Q. Morin today that an immigration attorney has filed a petition for a visa extension that would allow Velasquez to remain until an actual trial is held in his case against William J. Gorman Jr., owner of Billy G’s Tree Care in Warwick.
Velásquez is seeking compensation for medical bills and permanent injuries suffered on March 31, 2006, when a chain saw he was using kicked back from a fence, cut his forehead to the bone, and sliced through his eyelid and nose.
Velásquez testified at a separate trial this morning in the state labor department’s case against Gorman for not having workers’ compensation insurance when Velásquez worked for him. Gorman could face fines of up to $1,000 a day.
Velásquez testified through an interpreter that he was riding in a vehicle Gorman was driving on August 3rd, 2005, that was involved in an accident with another vehicle. He said he had started working for Gorman sometime before then but could not remember exactly when.
He also testified that he worked for Gorman for as many as six days a week, depending on the weather and work availability, until his accident. He did not work during December and January, he said.
The work involved chopping down trees large and small, chopping limbs into firewood-sized pieces, and mowing Gorman’s lawn, he said.
Asked by Healy who decided what work he would do and how, Velásquez said Gorman did.
“Well, how can I put it? We are just mere workers – we come to the United States and they decide what work we do and how we do it,” he said.
Under cross-examination, Velásquez said his uncle arranged the first meeting with Gorman.
-- Journal staff writer Karen Lee Ziner
Posted by Brandie Jefferson
at 12:06 PM | Permalink
DJ | September 28, 2007 12:21 PM link
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It is quite interesting how these lawyers spend years learning and perfecting the law, however they always seem to lose sight of it when their is a case in which they can gain notariety.
Have we lost sight of the fact that this person is "illegal" the very word lawyers stake their claims on. I understand it is horrible this man was injured in the course of work, however isn't the blame on the owner, as he "illegally" hired an "illegal" worker who was in this country "illegally"??
I'm sure this immigrant will receive all the benefits and payments he wants, as that is what we do in this state and country, but lets not forget the fundamental prinicipal that this man was committing a crime coming into the counrty in the first place.