Can monetary damages be recovered for work related toxic exposure in Baton Rouge?

Louisiana – February 27, 2023

In Geismar, LA, BASF is moving forward with the final phase of an expansion project for the methylene diphenyl diisocyanate (MDI) plant at its Verbund site. The $780 million investment will double production capacity at the company’s Ascension Parish chemical manufacturing complex. The site located near the Mississippi River produces chemicals that are vital to the sustainability of our economy and quality of life. Situated on 2,500 acres and including 22 production units, BASF Geismar is the largest BASF site in North America. The company produces a variety of chemicals such as ethylene oxide, which is used in polyester fibers and automotive antifreeze, methylene diphenyl isocyanate, which is used in foams for construction, insulation and more than a dozen other petrochemicals.  While BASF regards protection of health, safety, and the environment to be their most important responsibility, they have not been spared toxic exposure incidents involving work related illness and death.

Deadly toxic exposure.

In late 2021, a contract worker at the BASF Geismar facility died after being exposed to an unspecified chemical.  The company reported that two contractors employed by San Antonio-based Zachry Group were working outside one of its production areas in Geismar and were exposed to an “inert substance” while doing maintenance work. The contractors were treated onsite then brought to the local hospital while the company was investigating the incident.  When negligent employer behavior can be proven to result in harms and death, punitive damages may be requested in civil actions. Contact an experienced toxic exposure attorney in Louisiana for guidance.

Workers’ compensation/civil action.

A skilled toxic exposure attorney can initiate a claim supported by proof of employer negligence to seek monetary compensation through either a workers’ compensation action, or a civil action.  The recovery of damages will address losses to victims who have become ill, and families who may have experienced harm from secondary exposure to a toxic substance through a family member’s occupational hazards.  Personal injury attorneys who are skilled with toxic exposure claims and resultant illnesses will work with medical professionals to build a strong case.  Mediation and arbitration can allow victims and businesses to achieve a successful damage award for harmful losses, depending on the particulars of a case, including severity of loss to include wrongful death, and an employer’s knowledge of the dangerous toxin exposure.  Legal counsel can answer questions regarding the choice between seeking the recovery of damages through workers’ compensation claims, or through civil litigation when they have been victims of toxic harms in a workplace setting.

Recoverable compensation.

• Medical expenses.  Damages in toxic tort cases include all medical expenses related to the adverse health effects caused or contributed by the toxic substance.  These expenses could cover diagnoses and treatment of medical conditions, testing and hospitalization, and physical and mental health counseling.  Past medical expenses may be factored into requested damage awards if its s found that past sickness was a result of the toxic exposure.
• Lost wages. Toxic exposure victims may be forced to miss work due to temporary or long-term illness, or permanent injuries related to the toxic exposure.  Lost wages are considered a form of special damages and can include both past lost wages, and loss of earning capacity wages.
• Pain and suffering. Toxic exposure cases prove to be difficult for this type of award unless a degree of pain and suffering is so obvious or disabling that it cannot be denied by the courts.
• Wrongful death. These types of damages may be sought by the surviving dependents of a deceased victim regarding the loss of support to the dependents caused by death due to toxic exposure.

Hire a lawyer.

Experienced attorneys at Stag Liuzza understand how important it is to seek comprehensive financial awards of damages due to toxic exposure as a person may have the burden of long-term illness that leads to permanent disability, or death.

STAG LIUZZA, LLC

One Canal Place
365 Canal Street
Suite 2850
New Orleans, LA 70130

Ph: 504-593-9600
Fax: 504-593-9601

Sources.

1. https://www.adhesivesmag.com/articles/99935-basf-starts-final-phase-of-mdi-capacity-expansion-project-at-louisiana-site?v=preview
2. BASF Commits $780M To Complete Louisiana Chemical Plant Expansion (businessfacilities.com)
3. Contract worker at BASF site in Ascension Parish died after chemical exposure | Business | theadvocate.com
4. http://www.legis.la.gov/legis/Law.aspx?d=814789
5. https://legis.la.gov/legis/Law.aspx?d=110567
6. http://www.legis.la.gov/legis/Law.aspx?d=109387
7. http://www.laworks.net/WorkersComp/OWC_MainMenu.asp
8. http://www.legis.la.gov/legis/Law.aspx?d=109371