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Edgar Velázquez: Maimed at work, then deported! M
Posted on: March 25, 2008, at 12:18:17pm

Edgar Velázquez: Maimed at work, then deported! May, 2007
The Providence Journal featured a troubling story this past Sunday, which was just brought to our attention. For those of us who work in workers comp, the terrible story of Edgar Velázquez: Maimed at work, then deported is one that is played out all too frequently in the nation's workplaces.
Edgar Velázquez is an undocumented Mexican worker who crossed the border after paying a coyote $1800. He found his way to Rhode Island to join family. According the this story, William J. Gorman Jr., owner of Billy G’s Tree Care, hired Velázquez despite knowing that he was an "illegal immigrant," paying him an hourly rate under the table. Velázquez says that he was not provided any protective equipment to handle the chain saws that he used on his job, yet here's what OSHA recommends for chainsaw safety head protection, face/eye protection, hearing protection, leg protection, foot protection, hand protection.
Had Velázquez been wearing head or face protection, perhaps the injury he sustained when the chainsaw bounced off a fence and sliced through his face might have been prevented or mitigated. The surgeon who performed emergency reconstructive surgery on Velázquez, called the injury "devastating."
Since the injury, Gorman has flatly denied that he employed Velázquez when family and treating physicians tried to find out about insurance. Gorman also denied any knowledge of Velázquez when contacted by the reporter who wrote this story.
When Velázquez showed up at the hearing that was scheduled to determine his eligibility for workers comp to cover his medical care and wage replacement, immigration agents were waiting for him. He was arrested and within a few days, driven over the Mexican border and dropped off. The story states that his former employer was on hand for the hearing, and approached Velázquez' attorney Maureen Gemma, saying, "You’ll never guess what happened ... I just saw your client walking up to the courthouse and Immigration snatched him up. … I think it was Immigration. It had to be." Gemma said Gorman was obviously amused.
Perhaps Mr. Gorman is less amused now that this story is coming to light.
According to RI law and the law in most states, worker immigration status is not a bar to workers compensation benefits. But Billy G's Tree Care isn't insured for workers compensation, according to state records, and never has been