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Illegal immigrant hurt, gains $750K settlement from Perez Construction of Northern Virginia.
Byline: Alan Cooper
A wall fell on Oscar Rodriguez at a construction site in Northern Virginia on July 14, about six months after he entered this country illegally in hopes of generating more money for his wife and two small sons in El Salvador.
Rodiguez, 26, suffered broken ribs and a bruised lung, bleeding in his brain and a broken back that left him a paraplegic.
His status as an illegal immigrant was not a bar to worker's compensation benefits from his employer, Perez Construction of Northern Virginia, and the company's insurer, Nationwide Insurance. The medical bills for his initial treatment totaled $107,444, and Nationwide also was on the hook for his lifetime medical care and weekly compensation of $257.57.
Rodriguez' attorney, Joel Atlas Skirble of Falls Church, and a paralegal, Manela Tirado, estimated the cost to Nationwide of those benefits over Rodriguez's lifetime to be more than $1.5 million.
On the other hand, Rodriguez' immigrant status made him ineligible for vocational rehabilitation under Virginia law.
So Skirble attempted to negotiate a settlement that would result in a life of relative comforteven luxuryfor Rodriguez and his family in El Salvador.
Nationwide ultimately agreed to pay $750,000 to resolve Rodriguez' claim, with $225,000 to be paid immediatelySkirble gets $137,500 of that as his feeand the balance to be used to purchase an annuity for Rodriguez and his family that will pay $1,500 monthly with additional $40,000 lump sum payments in 2011, ...
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