Cases That Made A Difference
Lawsuit Improves Protections for Workers in New Mexico
"Even more disturbingly, the actual intent test [previous
law] encourages an employer, motivated by economic gain, to knowingly
subject a worker to injury in the name of profit-making." -
New
Mexico Supreme Court
 Reynaldo
"Junior" Delgado's death at the age of 33 was a tragic reminder
of what happens when corporations put the bottom line before the health
and safety of their own workers.
Junior was burned alive after he was ordered by his supervisors at
Phelps Dodge to drive a flammable vehicle into a pool of molten slag
to retrieve a 10 foot high metal pot of the same substance. This task
was completely unnecessary. The metal pot could have been removed
safely and without risk to human life, if the company had simply been
willing to shut down production for a few hours.
The employer's actions were egregious enough to meet the state test
for second degree murder, but still not bad enough to allow Junior's
widow, Michelle, and two children to sue outside the workers' compensation
system at the time. Michelle fought her lawsuit all the way to the
state Supreme Court and ultimately won compensation for their family
and dramatically changed the law in New Mexico.
Thanks to Michelle's lawsuit, when an employer intentionally or with
utter disregard for the circumstances puts an employee in harms way,
New Mexico workers are now allowed to hole them accountable, independent
of the workers' compensation system.
As the state Supreme Court said in its written decision, this change
in the law will hopefully make dangerous workplaces safer by making
employers fully accountable for their actions.
Delgado
v. Phelps Dodge Chino, Inc.
Posted: August 2005
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