Migrant Worker Sues Three Oregon Forestry Companies for More Than $42 Million
Three Oregon forestry companies are facing lawsuits of more than $42 million lodged by a Mexican migrant logger whose eight seasonal postings in the U.S. ended when he was severely injured by the branch of a falling tree.
Joaquin Barraza-Cortes suffered spinal injuries and is now unable to work or take care of himself after the incident in the Rogue River-Siskiyou National Forest. He was working with a chainsaw without formal training when he was injured, according to his attorney.
Companies are Accused of Safety Violations and No Training
Barraza-Cortes, who can no longer work, is suing Pine West Reforestation, Ponderosa Timberland, and Ponderosa Reforestation.
The Rogue River forestry companies that hire foreign workers on the H-2B visa program are accused of several safety violations – no proper training or the provision of protective equipment.
The migrant worker was employed in a tree-thinning project in the Rogue River-Siskiyou National Forest in 2022 when he suffered the injury.
Cheap Labor Sourced Via H2-B Visa Program
Attorney Mayra Ledesma for Barraza-Cortes says in court documents that forestry contracts are often awarded to cost-cutting companies that do not provide proper resources and who employ labor brokers to source cheap labor via the H-2B visa program.
Another of his attorneys, Lourdes Sanchez, claims that migrant workers often overlook injuries and safety violations in the hope of a repeat contract the following year.
The H2-B Visa Program
U.S. employers can temporarily hire foreign workers for seasonal non-agricultural jobs when there is a domestic labor shortage. The H2-B visa program is a popular employment route in seasonal industries like hospitality, landscaping, and tourism.
Overview
Research shows that logging is listed as the most dangerous occupation in the U.S. There are on average 100.7 fatalities per 100,000.
Reasons for the high fatality rate are accidents while using high-powered saws and other machinery, working at high altitudes, transporting heavy loads, cutting down tall trees, bad weather, human error, and malfunctioning machinery.