Undocumented Workers Awarded $3.8 Million in Accidents

by QuestionGirl • Thursday, June 18th, 2009 - 12:10 am

You know, something I’ve wondered for awhile now but haven’t looked up is whether having “undocumented workers” who aren’t as skilled as union laborers, or any other qualified worker, is causing more construction accidents. Here in Florida it’s not all that unusual for someone to get killed at a construction site, and they are often undocumented. (that’s not to say that is always the case.) And I’ve just wondered about that. Also, if there are any statistics……well ya know there are…..there’s statistics for what time of day people are most likely to pick their noses, so of course there are statistics. But also, who’s supervising these projects? Doesn’t someone have a responsibility to supervise? To make sure safety standards are met? Are companies ignoring OSHA laws? I’m not saying the injured or killed don’t deserve these rewards, by all means, they do. If a company wants to hire an “undocumented worker”, than they should have the same benefits as any other employee. Including a comparable wage, which would defeat the purpose of employing them to begin with, wouldn’t it. But I wonder……will the owners of these companies have to pay fines for ignoring OSHA safety standards? For putting profit above worker safety? Just wondering…….

Two undocumented workers from Mexico and one from Ecuador have reached court settlements in recent weeks for a total of $3.85 million in damages for New York construction-site accidents, an attorney for the men announced Wednesday.

“All three cases involve construction and terribly unsafe working conditions,” the attorney, Brian O’Dwyer, said in a news conference. “We’re here today to re-emphasize — as we have in the past — to the Latino community and all undocumented workers that they have the same rights once they’re on the job as any New York citizen.”

A 33-year-old undocumented plumber from Mexico who was scalded by an exploding pipe at a Wall Street construction site in 2004 settled his damage claim for $2.5 million, according to a statement given to reporters at the news conference. The married father of two, who says he still has nightmares from the accident, hopes to open a restaurant or bar with the settlement money, his cousin told reporters.

In a separate statement, owners of the Wall Street site said only that the injured plumber was “employed directly by [the] contractor and not by the owner of the property nor the managing agent.” Reached through a public relations firm, a spokesperson for the contractor, Swig Equities, had no comment.

Another undocumented Mexican worker suffered severe injuries to his left foot and other parts of his body when a steel beam fell on his lower body at a building site in downtown Manhattan, the news conference statement said. The 52-year-old settled his damage claim against Beway Realty Corp. and F.J. Sciame Construction Co. Inc. for $750,000, according to the statement.

David Koeppel, a managing member of Beway Realty, said he was not familiar with the case. F.J. Sciame Construction, the site’s contractor, did not respond to inquiries.

A 36-year-old Ecuadorian laborer who worked at the Arverne by the Sea community in Queens — a neighborhood The New York Times has called a “bright spot” in the housing market for its strong sales and low foreclosure rates — settled a damage claim for $600,000, the news conference statement said.

He was injured when three large 44×10-foot trusses, each weighing 200 pounds, collapsed onto him in August 2007, fracturing his hip and causing other injuries, according to the statement.

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