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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

Comments

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.

DJ | September 28, 2007 12:21 PM link


I have lived here most all my life , paid into the workmans comp system all the time . I got injured last year ... loss of vision , cognitive , motor function loss , loss of hearing . Do you think Workmans comp cares or anybody else ? No . In fact I was represented by the same workmans comp lawyer . I am interested to see what the settlement amount is . Mine was 6,000 after paying attorney fees . I wonder who is paying the immigration lawyer .

Mary

mary | September 28, 2007 5:37 PM link

How can an employer expect to have worker's compensation for worker's that don't actually "exist"? There is technically, no workforce on Mr. Gorman's payroll. It's just him, the owner, doing all his own work...legally. As someone said earlier in this comments section...any illegal worker in this country has more rights and gets more lawsuit rewards and benefits than natural born and raised.

jean | September 28, 2007 9:46 PM link

Here we go, bring up the illegal immigration issue. That has nothing to do with the fact that the employer had no workers comp insurance, which by the way is required by the state of Rhode Island. The worker still has his rights and is entitled to any benefits he may receive. He's contributed to this economy and has paid his dues. Sometimes, you need to look beyond your biased and discriminatory views and try to appeal more to the moral and honorable side of the issue.

Will | September 28, 2007 10:03 PM link

It can help to have correct information in order to understand the issue better. First of all, entering the U.S. without permission is a civil violation, not a criminal one. So the only person in the article who has committed a crime is William Gorman (pending confirmation that he didn't have worker's comp, of course).

Gorman's double standard helps show what the real story behind immigration is all about. As long as he has a worker he can treat as disposable, instead of a human with flesh that bleeds when a chain saw slices through it, he's perfectly comfortable with people crossing borders, desperate to find work. The minute a man's blood splatters onto his hands, Gorman "washes" them by suddenly wanting to enforce immigration law, and calls in the ICE squad, who have always been happy to cooperate with employers attempting to escape obligations like workers comp, meeting payroll, etc.

While Gorman's actions are disgusting, at least he gives us a clear lesson in what immgration restriction is all about. When the world's resources are distributed so unequally, people have always and will always do what it takes to survive, including risking death crossing the border. When corporations are allowed to move freely around the world and people aren't, it's like shooting fish in a barrel.

When people are made out to be less than human because of the ideas built up about race, it lets even the small-time, not-too-bright players like William Gorman treat human beings like they're disposable, and count on making a few bucks by doing things like not paying workers comp.

An injury to one is an injury to all, because these same corporations and employers are laughing all the way to the bank every time a U.S. born worker puts the blame on people around the world who are trying to survive.

Shannah | September 29, 2007 12:35 AM link

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