Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident 

$800,000 settlement

Injuries alleged: T11 paraplegia, rib fractures, neurogenic bladder and bowel dysfunction

Court: Virginia Workers’ Compensation Commission

Tried before: Mediation

Date resolved: April 17, 2026

Amount: $800,000

Attorney for plaintiff: Stephen T. Harper, Henrico County, Reinhardt Harper Davis

Case description: A Mexican citizen, the claimant was recruited for seasonal work at a Virginia farm for the third consecutive year. The claimant’s brother was operating a hydraulic lift on a tobacco baler, with the claimant standing atop the machine. The brother was aware of the claimant’s position but did not witness the accident. The claimant was trapped between the baler’s hydraulic lift and the top bar, with the pressure crushing his back. The injury resulted in T11 paraplegia, alongside rib fractures, with neurogenic bladder and bowel
dysfunction.

The insurance carrier paid for the initial hospitalization but denied the claim just days after the claimant’s discharge, alleging willful misconduct and unexplained accident. The defendants alleged that the claimant was forbidden from being atop the hydraulic platform while it was in operation. Both the former owner and the claimant’s supervisor testified in depositions that this behavior was strictly prohibited. There were no witnesses available to support the claimant’s argument that standing on the machine was permitted.

Once the claim was denied, the claimant returned home to Mexico. The carrier paid $800,000 in a lump sum to settle the denied claim.