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  January 21, 2008
  Source:  WorkInjury.com, Providence Journal
  ----------------------------

Illegal, Deported Worker Gets WC Settlement

In a case we reported on last year, an illegal Mexican worker was severely injured on the job while working for a tree service in Rhode Island.

After the accident, his boss notified authorities of his illegal work status, apparently in an attempt to avoid liability for the injury. He was thereafter deported before his workers' compensation case could be litigated.

However, working through American pro bono lawyers, the U.S. Department of Homeland Security agreed to grant the worker a special "humanitarian" visa, permitting him to return to Rhode Island so he could attend his workers' compensation hearing.

Following the hearing he was required to return to Mexico.

He and his attorneys have now settled the American workers' compensation case - for about $30,000 in a structured settlement.

There still remain problems though. Unless the worker is granted a second visa, the settlement papers will have to be sent to Mexico, translated, signed and returned, all before a judge could consider the settlement. There is no word yet whether the D.H.S. will grant the second visa to avoid these delays.

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