05:11 PM CDT on Wednesday, June 28, 2006

By JIM DOUGLAS / WFAA-TV

WFAA-TV

Faustino Varela

FORT WORTH -- This year's first heat-related death in north Texas is the subject of a federal investigation and wrongful death lawsuit. Attorneys filed it today in a case that also goes to the heart of the debate over illegal immigration.

A healthy 19-year-old man snuck into America, found a construction job, but lost his life. Purely an accident, or did his illegal status make him more vulnerable? Government and private investigators are trying to find out.

Dozens of mourners cried for Faustino Varela, even though he had been in America just a few weeks. Only his body went home to Mexico. Faustino never saw a paycheck. He collapsed with $4 in his pocket his second day on the job.

He was working on this foundation in one of north Fort Worth's many new subdivisions. On April 18th, the temperature hit 100.

Some young men at the service say they worked the same site that day.

"He started sitting down, saying he was feeling bad. That's when he passed out," said Sandra Chavez, a friend of Varela’s.

Relatives believe the young immigrant would have been afraid to ask for a break or a drink, or an ambulance.

"He felt like he didn't have many rights because he was illegal," said Andres Mata, Varela’s cousin.

According to medical documents his body temperature was 108 degrees. He died after four days, unconscious in intensive care.

His aunt and uncle have a name and number of a man who supposedly hired Faustino, but the man denies responsibility.

Investigators with the Occupational Safety and Health Administration say multiple layers of subcontractors sometimes make it impossible to find anyone responsible for the welfare of workers, especially illegal workers.

"He was very enthusiastic about coming to the U-S," said Blanca Lopez, Varela’s aunt.

Lopez last saw her nephew when he was 7. She bought him a burial suit to send him home to his mother.

Varela's family told us they helped pay $700 to bring him to Texas. They paid nearly 3-thousand dollars to send his body home to Mexico.

Dallas Attorney Jim Adler filed the wrongful death suit based on questions about adequate breaks, water and other jobsite safety precautions.

OSHA is also investigating.