Workplace Accident ClaimsWhen Alfonso Escobar fell into an unguarded elevator shaft in February, the 47 year old entered into the surreal world of worker's compensation. After his three story fall, he survived four surgeries, two evictions, and eight weeks of silence from his employer, inaction on the part of his insurer and nearly $16,000 in medical bills.
The insurer, a company that works for Cantel Homes, the general contractor that managed the townhouse project where Escobar fell, agrees that they should cover his legal bills, but not his lost wages.
The subcontractor Escobar worked for promised to pay him $100 a day, in cash, but Cantel contends that "cash" does not qualify as a "wage." Wages, according to Florida state worker's compensation rules "includes only the wages earned and reported for federal income tax purposes." Under this statute, Escobar's wage is zero, said Peter H. Dubbeld, the attorney representing Cantel and its workers' compensation insurance carrier, St. Paul Travelers.
Lacking proof that he was working as something other than a "cash employee as we suspect," he is not eligible for compensation for lost wages, Dubbeld stated in a letter.
"I've never seen this argument before," said Escobar's attorney, John P. Brooks, who has specialized in workers' compensation law for two decades, "Because the people are not taking taxes, they don't owe him any compensation? They want to penalize him for how this company pays their employee?"
Escobar has received nothing from the insurance company and has had to rely on donations to survive, and even those are subject to scrutiny and function as a deduction from the overall amount the insurance company will pay.
This is just on way that Cantel, and other carriers, work to reduce their responsibility on claims.
On Friday, Cantel president Douglas W. Matthews made his first public comments. In a deposition, Matthews pointed the finger at Security Drywall II, the subcontractor that hired Escobar. Several times, he contended that Security made conflicting claims and false representations.
Matthews said Security Drywall II had been working on the Sunset Bay townhouse project for about a year, and Gary McQuiston, who owns the New Port Richey company, submitted a certificate of proof of insurance, including workers' compensation.
Florida law requires employers carry workers' compensation insurance; no-fault coverage that pays medical expenses and a portion of lost wages for injured workers, and in turn, shields employers from personal injury lawsuits. Companies caught operating without a policy can be charged with a felony.
At construction sites, the General Contractor bears the brunt of responsibility as they are legally accountable for any damages done by uninsured workers.
After an investigation, state officials in the Division of Workers' Compensation verified that Security Drywall II lacked insurance coverage.
Recently, Escobar gave a deposition and denied any use of alcohol or drugs and verified that he is a legal US resident. Still, once senses that his saga is just beginning and all he really wants to do is get his bills paid and receive any lost time and get back to work.
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