Posted on 04/10/2009 7:54:07 PM PDT by Inappropriate Laughter
Photo by Matthew Ratajczak
WEST PALM BEACH — Victor Leon is alone in the hospital most days.
The 26-year-old was paralyzed nearly three years ago when he fell from the roof of a three-story building in Palm City while working for Jupiter-based Altec Roofing. Since then, Leon has been mired in a legal battle to get workers' compensation benefits or legal damages from Altec.
Leon is an illegal immigrant. His status puts him at the crux of a legal debate over what rights, if any, illegal workers have after being injured on a job for which the American government says they never should have been hired.
"It's sort of a legal limbo," said Chad Hastings, Leon's attorney. "He's in a place where basically the American government is saying, 'Go die somewhere.' "
Unable to work since the accident because of his paralysis, Leon is homeless and poverty worsened his medical problems. Reused catheters caused infections and bedsores burrowed deeper into his body until they threatened to overtake his bones. He's spent most of 2009 in St. Mary's Medical Center and is about to undergo his third surgery.
His brother, Ivan — also in the U.S. illegally — visits on weekends off work. Leon's grandmother, the only family member with a passport, has visited from Monterrey, Mexico. Leon doesn't return to Monterrey because he isn't sure his family can provide the medical care he needs.
Likely the hospital will have to write it off as charity care.
Returning to Mexico also might destroy Leon's chance at winning his legal case, according to Hastings. Once in Monterrey, Leon might not be able to return for depositions or hearings.
A civil court judge ruled Altec did not owe Leon anything for negligence, citing a precedent case that gives an employer legal immunity when they provide workers' compensation. But Altec denied Leon workers' compensation because of his illegal status.
"This guy paid taxes. He paid higher taxes than me," Hastings said. "But now, no one wants to help him."
Companies shouldn't be hiring illegal immigrants in the first place, said former state Rep. Gayle Harrell, R-Port St. Lucie. But even if the employer knew the worker was illegal, Harrell said that doesn't entitle an injured worker — already breaking the law — to benefits.
"I don't think we should give any rights to illegals to start with," said Harrell, who made stopping illegal immigration her top issue when she campaigned for U.S. House District 16. "You've got all these contractors out of work. We should be hiring legal workers, not illegal ones. These contractors could avoid all these sticky lawsuits."
Leon came to the United States seven years ago, following his older brother Ivan and in search of a better life. He worked odd jobs, until Ivan, who was a supervisor with Altec, helped him land a roofing job.
Leon worked first under a fake Social Security number, then procured a real number under a fake name — Jesse James Craig. Hastings and Leon allege Altec knew about — and helped get around — his, Ivan's and other workers' illegal status, pointing to W-2 forms that show Ivan worked for Altec under three different names.
Altec officials did not return calls for comment.
When he wasn't working, Leon enjoyed soccer and dancing. People in Indiantown, where he lived and still stays when he's not in the hospital, remember a vibrant, social 24-year-old before the accident.
One morning, Leon and a coworker were throwing the metal framework of a garbage chute system off the roof of a three-story Circle Bay condominium in Palm City when a split-second miscommunication changed Leon's life.
"I was ready to count, like 'one, two, three,' and then we throw it down," Leon said. "But he just threw it. When he threw it down, I didn't even know it, and I just saw that there was nothing under my feet."
Leon and the six-foot metal girder went sailing over the roof's edge. Leon had the presence of mind to push the metal away, but then the next thing he knew he was in the hospital being told he'd never walk again.
A urine test taken at the hospital revealed traces of cocaine and marijuana in Leon's system. In addition to Leon's legal status, Altec is using this test to fight his claims to benefits.
But a toxicologist hired by Hastings has testified a urinalysis does not prove Leon was impaired at the time of the accident. Hospital charts do not show that Leon appeared intoxicated. Leon admits to taking "about four puffs" from a marijuana cigarette the night before the accident, however, he claims to have been sober that morning.
"I was always careful what time I went to sleep when I was working," Leon said. "I remember that morning. I was alright."
Since the accident, Leon has not been alright. No work means no money, and for awhile, his brother Ivan also was out of work. Leon has had to rely on whatever help people in Indiantown have offered.
"He's just wheeling in the streets all day with that sun," said Tonya Molina, a 50-year-old mother of four who brought Leon two meals a day. "He goes and sits under a tree. He ain't got no TV, ain't got no bed. He's constantly in pain 'cause he's got no way to get medication."
Hastings supplied a new wheelchair and brought him to St. Mary's for care when the bedsores worsened. Before that, Holy Cross Catholic Church in Indiantown helped with medication while Leon stayed in an empty house with the owner's permission but without water or electricity.
"He wasn't the only one working illegally," said Yolanda Whitehead, 30, who helped Leon make calls to social service agencies. "Somebody needs to give him somewhere to stay and feed him ... and some treatment because he needs help."
His makeshift home has been rented. Leon isn't sure where he'll go when St. Mary's discharges him.
"Illegal people can't have no rights, man, and I don't know why," Leon said. "I mean, we're just humans."
“His brother, Ivan — also in the U.S. illegally — visits on weekends off work. Leon’s grandmother, the only family member with a passport, has visited from Monterrey, Mexico. Leon doesn’t return to Monterrey because he isn’t sure his family can provide the medical care he needs.”
Amazing how being ILLEGAL is something to be proud of.
Why doesn’t family step in and take him home?
It’s tiem he returned to Mexico and had family care for him.
“Leon worked first under a fake Social Security number, then procured a real number under a fake name — Jesse James Craig. Hastings and Leon allege Altec knew about — and helped get around — his, Ivan’s and other workers’ illegal status, pointing to W-2 forms that show Ivan worked for Altec under three different names.”
Breaks our laws AGAIN and still presents this sob story.
Amazing!
“A civil court judge ruled Altec did not owe Leon anything for negligence, citing a precedent case that gives an employer legal immunity when they provide workers’ compensation. But Altec denied Leon workers’ compensation because of his illegal status.”
As it should be DENIED.
“This guy paid taxes. He paid higher taxes than me,” Hastings said. “But now, no one wants to help him.”
He should have gotten in line and come here LEGALLY. I doubt that he paid taxes. Under which of the three names did he pay these “taxes”? If he was paid so well, why isn't he paying his medical bills or purchase his own medical insurance?
“Companies shouldn't be hiring illegal immigrants in the first place, said former state Rep. Gayle Harrell, R-Port St. Lucie. But even if the employer knew the worker was illegal, Harrell said that doesn't entitle an injured worker — already breaking the law — to benefits.”
Correct!
he comes here illegally. Uses a fake social security number under three different names and now wants tax payers to have him compensated for LEGAL BENEFITS to a LEGAL CITIZEN? Amazing how arrogant people are.
“I don't think we should give any rights to illegals to start with,” said Harrell, who made stopping illegal immigration her top issue when she campaigned for U.S. House District 16. “You've got all these contractors out of work. We should be hiring legal workers, not illegal ones. These contractors could avoid all these sticky lawsuits.”
A criminal is a criminal Leon. Your only "right" as an illegal insurgent criminal invader of this country is prosecution. Stop sucking off of our medical system.
Go back to your home country and have them take care of you.
And take your illegal relatives with you to take care of you in the tropical paradise of Mexico.
Make it also less attractive to ILLEGALS in giving them NO LEGAL RECOURSE for workman's comp or any other benefits.
I agree.
No tears shed here.
THIS is what is also helping to destroy out country.
He could have used all that effort to come here LEGALLY. He didn’t. He continued to break more of our laws and in essence thumb his nose at LEGAL CITIZENS. Now that he has some tough times ... he’s presented as a sob story.
Of course he was!
Employers win bids with CHEAP labor.
The entitlement mentality with a sob story really Ike's me.
They've taken over painting, roofing, waitering, retail jobs, fast food cashiers and landscaping among other occupations formally held by LEGAL Americans.
Workers compensation laws vary from state to state. In Wisconsin, workers, legal and illegal, collect benefits and get their medicals paid by the employer’s WC insurance carrier. With this fact situation in WI, the carrier could lessen the benefits 15% if the worker’s use of cocaine or alcohol was casual to the accident, but the carrier bears the burden of proof of cause.
This employer violated federal law by hiring a person it knew to be an illegal as the employer filed several forms with different names on this worker. The federal law violation is just a fine and many employers feel it’s just a cost of doing business and like that illegals work for lower wages. Omama wants to overlook illegals as he expects them to vote for him even though their votes are not lawful.
Poor Leon...he took his chances....Ping!
” “He’s in a place where basically the American government is saying, ‘Go die somewhere.’ “
We need billboards across the countrey with that message on them!
TURN IN EMPLOYERs IF YOU KNOW THEY ARE HIRING ILLEGALS, THE IRS IS PAYING FINDERS FEES FOR TURNING THEM IN!!!!
“it’s human nature for poor people to want to better their lot.”
We need a bounty on them, dead or alive!!
Go through the proper procedure, wait your turn and come here legally!!!
“In Kaleefornia, illegals are entitled to recover full work comp benefits as well as sue for damages in civil court”
Not only that they are entitled to full welfare benefits immediatly where citizens have a hard time qualifying, thank you Gray Davis!
If it were up to ne this guy gets taken the border and pushed across into Mexico
He earned his money illegally. He paid taxes on ill gotten gains.
I say give him the same care an American in Mexico would receive, which is NOTHING!
Does this make me cold? Quite frankly, I don’t care. We’ll never solve this problem by being weak.
Four years ago I broke my leg. I have no children and I am single. The only help I got was food stamps and emergency aid for 1 months rent and 1 months electricity. Lucky for me I had students loans starting in September. The break occurred on July 4. Without student loans I would’ve been homeless. I was born in Idaho. I’ve paid taxes since I was 15. I was 47 when this happened. I got very little help. Why should an illegal get any?
I don’t think there is a roofing company in Florida that doesn’t have illegals.
What would be required to hire and keep legal roofers, you would never, ever get a roof.
Everything, save union jobs, is by the price. On a $70k roof bid and you are over the other guy by $50, he gets the job.
Why should anyone? Also, how many here believe that this lawyer paid less taxes than a laborer? Or, is he cheating on them?
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