Injured Worker Appeals Lost Future Earnings LawsuitJanuary 11, 2016
An injured construction worker appealed a lost future earnings lawsuit against the Indiana contractor who hired him. Attorneys for Noe Escamilla, a Mexican national working in the U.S., want an appeals court to overturn a lower court’s ruling on his client’s lost future earnings lawsuit. The contractor claims that any lost future earnings should be paid at the same rate a worker in Mexico would receive for the same job, rather than the higher rate U.S. workers receive.
Details of the Lost Future Earnings Lawsuit
Mr. Escamilla was injured in December 2010 while working on a construction project at Wabash College. He was helping to lift a capstone onto a masonry column when he slipped on a sheet of ice. Medical records cited in the lost future earnings lawsuit claim that Mr. Escamilla can no longer lift weights heavier than 20 pounds, effectively ending his career as a construction worker. The lost future earnings lawsuit is seeking up to five years of earnings he would have received if the injury had not occurred.
Pay Rate Dispute in Lost Future Earnings Lawsuit
In last year’s ruling on the lost future earnings lawsuit, a Montgomery County court judge ruled in favor of the contractor, Shiel Sexton. The judge also found that two witnesses called to review Mr. Escamilla’s U.S. tax returns could not testify about any potential lost future earnings. Mr. Escamilla’s attorneys appealed the lower court ruling in the lost future earnings lawsuit, bringing the case to the Indiana Court of Appeals. The three-judge appeals court panel will place the case on hold until they receive an accurate estimate of the lost future earnings.
Lost Future Earnings Lawsuit Claims Worker Used False Documents
Attorneys for Shiel Sexton claim that the lost future earnings lawsuit should be dismissed, largely because Mr. Escamilla used false documents to obtain the job. The company maintains that he used a “fake Social Security number” when he applied for the position. Lawyers for the firm argue that the lost future earnings lawsuit has less to do with any liability on the company’s part, and more on “where a plaintiff has obtained a job by (using) false documents or someone else’s documents” to obtain the job.
Immigration Status Could Influence Lost Future Earnings Lawsuit
Officials with Shiel Sexton also maintain that the lost future earnings lawsuit should be thrown out because Mr. Escamilla entered the country illegally. Mr. Escamilla entered the U.S. as a teenager with his family in the early 2000’s. Neither he nor his family had the proper documentation. In 2014, he applied for legal permanent residency in the U.S. His wife and three children are all U.S. citizens. One of the judges said that the use of Mr. Escamilla’s immigration status in the lost future earnings lawsuit could be considered “extremely prejudicial.”
Know Your Rights in a Lost Future Earnings Lawsuit
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NOTE: This blog post is a news story and does not constitute and endorsement of the Amaro Law Firm by any parties mentioned herein.