PROVIDENCE — Edgar Velásquez, who sliced his face open with a chain saw last year while working for a Warwick tree service company, has waited a year in his remote Mexican village for the chance to return to this country and have his day in court.

Today, back in Rhode Island, he is going to court.

Related stories

Velázquez

9.14.07: Supporters seek return of deported Mexican hurt on job

8.17.07: Legal status is no bar to rights

5.20.07: Edgar Velázquez: Maimed at work, then deported

Special Report: More on how immigration, both legal and illegal, is affecting the state and its institutions

Velásquez, 22, was working for William J. Gorman Jr., owner of Billy G’s Tree Service, when the accident occurred on March 31, 2006. Though Velásquez was in the country illegally, state law allows an employee to pursue a workers’ compensation claim regardless of his or her immigration status, according to Chief Judge George E. Healey Jr. of the Rhode Island Workers’ Compensation Court.

On the day of a scheduled hearing, however, immigration agents arrested Velásquez outside the J. Joseph Garrahy Judicial Complex in Providence. According to Velásquez, Gorman was standing nearby and called out, ‘Now Edgar, I’m sending you back to Mexico — I have no use for you now,’ and said, ‘Edgar, adios,’ as agents placed Velásquez in handcuffs.

One month later, Velásquez was returned to Mexico under what is known as “voluntary departure.”

Since then, various groups and individuals have pressured the Mexican and U.S. governments for Velásquez’s return on a humanitarian basis, to appear in court. They include Velásquez’s lawyer, Stephen J. Dennis; the Mexican-American Association of Rhode Island and counterparts in Mexico; the Mexican Consulate in Boston; and U.S. Sen. Jack Reed’s office.

They succeeded, and yesterday morning, Velásquez arrived in Rhode Island on a five-day humanitarian permit issued by the U.S. Department of Homeland Security. He and his attorney were scheduled to appear in court for a pretrial hearing this morning before Judge Bruce E. Morin, on a claim against Gorman for medical bills, permanent disfigurement and weekly benefits. The state Department of Labor is also scheduled to appear before Judge Morin on its claim against Gorman for not having workers’ compensation insurance.

“I am not afraid — I am going to tell the truth as I lived it,” said Velásquez in an interview yesterday afternoon. “I will tell the truth of what happened on the day of the accident, and how I was treated by Mr. Gorman. I was a loyal employee who worked hard for him all the time, and he treated me very badly.”

He added, “Even though a lot of people may not see it this way, we are people who come here from Mexico for work, and who are worthwhile, and who come here to better ourselves.”

Though his face has largely healed from the incident that flayed his flesh open to the bone, a long scar still runs from his hairline through his eyebrow, and his left eyelid tugs — or sometimes does not fully close, Velásquez said. He suffers headaches and recurring infections along the incision line, and cannot stay out in the sun, he said.

Dr. Antonio Barajas, president of the Mexican-American Association of Rhode Island, said yesterday that he was grateful to the Mexican and American governments for allowing Velásquez to return to pursue his claim in person.

“This is a success story,” said Barajas. He said that the (Mexican-American) organization and others involved — including Senator Reed and the Mexican consulate in Boston — “have really done a phenomenal job to bring this case to fruition.”

Michael A. St. Pierre, the lawyer who represents Gorman in this case, has said that while his client did not have workers’ compensation at the time of the accident, there is some question as to whether Velásquez fit the legal definition of employee. St. Pierre said it was possible that Velásquez was an “independent contractor,” and so Gorman would not be liable for Velásquez’s injuries.

Gorman told The Journal this spring that he did not know who Velásquez was, and declined further comment.

Efforts to bring Velásquez back to the United States encountered diplomatic hurdles, and communication problems arising from the remoteness of Velásquez’s village in Chiapas. A trip to the nearest phone meant a four- to six-hour bus ride for Velásquez.

Dennis, who argued that his client was exploited, “then tossed out as damaged goods,” began working last year to bring Velásquez back.

The Mexican-American Association in Rhode Island joined those efforts earlier this year. Barajas, the organization president, said the community raised money to pay for Velásquez to move this summer from his village to Mexico City in order to process his paperwork.

That included public contributions through a rodeo in Central Falls, and private contributions from business owners and other citizens compelled by his situation. Those contributions also paid for Velásquez’s plane tickets from Mexico to Texas, and Texas to Rhode Island.

Velásquez said he spent two months trying to get his necessary documents, including a passport and the humanitarian permit.

After the U.S. Embassy in Mexico City turned down his request for a visitor’s visa last week, “I was let down and depressed,” said Velásquez. Barajas said Velásquez then moved to “Plan B,” which was to bring his documents to the U.S. Customs and Border Patrol at the border. Those documents included a letter from Senator Reed’s office advocating for Velásquez’s temporary return on humanitarian grounds and a similar correspondence from Germann Murguia, the Mexican consul general in Boston.

The permit allows Velásquez to stay for five days. Barajas and Dennis said yesterday that if the case moves to trial, they will seek an extension of the permit.

kziner@projo.com