Rhode Island news
Supporters seek return of deported Mexican hurt on job
01:00 AM EDT on Friday, September 14, 2007
Edgar Velásquez, an undocumented immigrant who was returned to Mexico after slicing his face open with a chainsaw last year, may get his day in court after all, with new assistance from the Mexican Consulate in Boston and Mexican-Americans in Rhode Island.
Velásquez, 21, was sent back to Mexico last fall, before he had the chance to pursue a claim against William J. Gorman Jr., owner of Billy G’s Tree Service in Warwick, for whom Velásquez was working when the accident occurred.
According to Chief Judge George E. Healey Jr. of the Rhode Island Workers’ Compensation Court, state law entitles Velásquez to pursue such a claim, despite his illegal status. “The mere fact that [a person is] undocumented does not bar them from receiving a compensation benefit,” Healey said earlier this year.
Lawyer Stephen Dennis said he is seeking more than $70,000 in medical bills, lost wages and future medical expenses for Velásquez, whom he argues was exploited, then “tossed out as damaged goods” by his employer. To that end, Dennis has been pressing for Velásquez’s return.
Recently, the Mexican consul general in Boston and the local Mexican-American community have joined Dennis in trying to bring Velásquez back for a pretrial hearing scheduled for Sept. 27.
“We are trying to bring [Velásquez] from Mexico through a humanitarian visa,” said Germann Murguia, the Mexican consul general in Boston. “This is up to the American authorities, but we are trying to do as much as possible. He deserves compensation.”
Dr. Antonio Barajas, president of the Mexican-American Association of Rhode Island, said, “Essentially, the community has come together to gather some money to help pay his expenses to move from Chiapas to Mexico City, where he is now processing a passport.”
In a phone interview this week from Mexico City, Velásquez said, “I am hopeful that the people [in Rhode Island] can help me.” He said he is waiting for documents to be mailed from Rhode Island so that his passport application can be processed, and he can move on to the next step — applying for a visa.
Asked how he is feeling, Velásquez said he continues to have infections along the scar line on his face, and has not received treatment while in Mexico City.
Barajas, of the Mexican-American Association of Rhode Island, said the hope is that Velásquez will obtain a humanitarian visa through the U.S. Embassy in Mexico City.
Many Rhode Islanders have contributed to pay for Velásquez to leave his remote mountain village in the state of Chiapas, according to Barajas, and provide a place for him to stay in Mexico City while he applies for the essential documents.
“They are very concerned about this situation. The outpouring has been terrific,” said Barajas. “We know a lot of people who are business people, lay people who want to contribute. Some money was raised at a recent rodeo in Woonsocket, Barajas said. “We have been in communication with [Velásquez] since he was in Chiapas.”
Barajas added, “We are facing some challenges as you know, but we have a Plan B. We are optimistic we will get a visa for him, but if not, [the trial] can be done by teleconference in Mexico City. That’s plan B.”
Immigration agents arrested Velásquez on Aug. 2, 2006, outside the J. Joseph Garrahy Courthouse in downtown Providence on the day of a scheduled hearing.
In late August 2006, a Texas immigration judge ordered Velásquez removed to Mexico. Several weeks later, immigration agents drove Velásquez across the border. Records reflect that Velásquez did not have legal representation at his court hearing.
In a phone interview from Mexico this spring, Velásquez said Gorman was standing with the agents when the arrest occurred and told him, “Edgar, Adiós.” Lawyer Maureen Gemma, of Stephen Dennis’ firm, said that Gorman told her in the courthouse that her client had been picked up by immigration agents.
Gorman’s lawyer, Michael A. St. Pierre, told The Journal earlier this year that Gorman had no workers’ compensation insurance or money or assets to satisfy the claim. However, St. Pierre said that it was not clear whether Velásquez fit the legal definition of “employee” when he worked for Gorman, who therefore may not be liable for Velásquez’s injuries.
Today, meanwhile, workers’ compensation Judge Bruce Q. Morin will hold a hearing in a separate case, in which the state is suing Gorman for not having workers’ compensation insurance at the time of the accident. The case is brought by Adelita Orefice, director of the Rhode Island Department of Labor and Training.
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