The New York State Workers' Compensation Board called on the workers of the Tortillería Chinantla – where a fatal accident occurred in January – to contact the Board to report working conditions at the Brooklyn factory. 

The state shut down the factory in January after the death of an employee revealed that the owner had not paid workers' compensation insurance to cover cases of illness or accident on the job. The factory opened again in February after the owner paid $56,000 in fines. 

"The employees can come to talk with us, no matter what their legal status may be," said Ismael Correa, an inspector for the New York State Workers' Compensation Board. 

Correa said that he has not been able to speak with the employees of the tortilla factory, located at 975 Grand Ave. 

Correa explained that registering [with the Board] as an employee at this factory or any other place where the working conditions are dangerous ensures that the employee or his family would receive compensation if he becomes sick or has an accident. 

Juan Baten, 22, died on Jan. 24th after falling into a mixer at the Tortillería Chinantla.

Erasmo Ponce, the owner of the factory, was obliged to take out an insurance policy and to cover the benefits that the policy requires, given that he hadn't paid for state insurance.

In this case, the beneficiary is Baten's 7-month-old daughter, who should receive two-thirds of Baten's weekly salary until she is 18 (or 23, if she goes to college). 

Baten's partner, Rosario Ramírez, told El Diario La Prensa that Ponce had paid for the funeral expenses, but had not paid any money since then. 

Ponce did not want to comment on the case. 

Ponce could face criminal charges for fraud if the state determines that his tortilla factory was operating without insurance on two or more occasions over a five year period. The district attorney is investigating the case. 

If you work at the Tortillería Chinantla or know someone that does, call the New York State Workers' Compensation Board at 718-802-4953.