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Worker’s Family Receives Nothing After Fatal Incident Building U.S. Government Ship

On the morning of January 22, 2024, Elmer De León Pérez began his work in the depths of a ship under construction in Houma, Louisiana. Pérez, a welder, was part of the team assembling an $89 million vessel designed for hurricane tracking and oceanographic research, funded by President Joe Biden’s climate legislation.

According to a police report, Pérez’s task involved working at the base of a ballast tank nearly 12 feet deep and 4 feet wide, maneuvering inside a tight metal cylinder using an argon-gas torch capable of burning at 20,000 degrees. The situation took a tragic turn when coworkers noticed that Pérez, aged 20, did not return for lunch. Calls from friends and family went unanswered.

Colleagues found Pérez slumped in the tank. One told ProPublica, “I couldn’t get to him because the gas was too strong.” Upon the discovery of his body by emergency workers, Pérez was showing signs of rigor mortis. A coroner’s report detailed his clothing and noted clear fluid emissions and significant lung damage due to fluid accumulation and toxic metal exposure. Copper-nickel alloys, used in the ship to prevent corrosion, led to copper and nickel intoxication, deemed contributory to his death.

Employed for about two years at a shipyard owned by Thoma-Sea, a company with substantial federal defense contracts, Pérez was eligible for substantial financial assistance if injured or killed on the job. Yet, as he was a contractor, working through an agency rather than directly with Thoma-Sea, no compensation was given to his family after his death, leaving them to raise money independently for his repatriation to Guatemala.

Attempting to claim death benefits from G-4 Services, the staffing contractor, Pérez’s partner faced rejection, with the company stating his independent contractor status precluded benefit eligibility. Despite his body being found with his welding equipment, G-4 argued he wasn’t working at the time of his death.

The Occupational Safety and Health Administration (OSHA) investigated and cited Thoma-Sea for multiple safety violations, primarily for allowing work in an unmonitored confined space. Despite these findings, the company’s penalty was reduced, and no part of it benefited Pérez’s family.

This incident underscores a complex reality in the U.S. labor market, where severe shortages of skilled workers exist, partly filled by immigrants, highlighted by the demand for an estimated 300,000 welders. Immigrants, such as Pérez, often labor in perilous roles, essential yet uncredited and under-compensated.

Pérez’s story illustrates the challenges faced by undocumented workers and the immigration debate. Despite having skills vital to American industries, he lacked legal work authorization, highlighting calls from figures like Navy Secretary Carlos del Toro for immigration reforms to rectify such labor shortages.

Pérez’s death rippled through his family and community, triggering an outpour of grief and financial struggles. His family in the U.S. could not attend his funeral in Guatemala, where locals rallied to cover the costs. Federal law offers a potential avenue for a compensation claim, but success is uncertain amidst legal and procedural hurdles.

Efforts to explore more humane and pragmatic immigration policies, particularly for filling labor gaps, continue to stall politically. Meanwhile, employment practices and organizational structures in places like Thoma-Sea often leave immigrant workers vulnerable and unprotected.

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