Dow Chemical Faces Scrutiny: Investigating Workplace Injury Lawsuits in Louisiana

Louisiana’s industrial landscape is a cornerstone of the state’s economy, with chemical plants like Dow Chemical playing a significant role. However, this industry comes with inherent risks, and recent years have seen increased scrutiny surrounding workplace safety and injury lawsuits involving Dow Chemical in Louisiana. Understanding the legal landscape, potential hazards, and workers’ rights is crucial for anyone employed in or living near these facilities. In 2023, private industry employers in Louisiana reported 19.4 thousand nonfatal workplace injuries and illnesses.

The Reality of Workplace Injuries in Chemical Plants

Chemical plants, by their very nature, involve hazardous materials and complex processes. While stringent safety regulations are in place, accidents can and do happen. Common causes of injuries in chemical plants include:

Fires and Explosions: Flammable chemicals and high-pressure equipment create a constant risk of fires and explosions, leading to severe burns, blast injuries, and fatalities. In July 2023, a series of explosions at the Dow Chemical Company in Plaquemine, Louisiana, released thousands of pounds of ethylene oxide into the air.
Chemical Exposure: Workers may be exposed to toxic chemicals, flammable materials, and harmful fumes, causing respiratory problems, skin irritations, and long-term health issues.
Equipment Malfunctions: Defective or improperly maintained equipment can lead to accidents, resulting in injuries ranging from minor cuts and bruises to severe trauma.
Slips and Falls: Wet or slippery surfaces, cluttered walkways, and inadequate lighting can contribute to slip and fall accidents.

Dow Chemical’s Safety Record in Louisiana: A Closer Look

Dow Chemical operates several facilities in Louisiana, and like any large industrial company, it has faced scrutiny regarding its safety practices. Several incidents have drawn attention to potential safety concerns:

OSHA Fines: In 2020, the Occupational Safety and Health Administration (OSHA) proposed fines of $53,976 against Dow Chemical for safety violations at its Plaquemine, Louisiana, plant following an explosion. Dow Chemical cooperated with OSHA during its inspection and appealed the citations.
Ethylene Oxide Release: In July 2023, explosions at Dow Chemical Company’s Glycol II Unit in Plaquemine, Louisiana, led to a shelter-in-place mandate for nearby residents due to the release of ethylene oxide, a known carcinogen.
Settlement with LDEQ: Days before the July 2023 explosion and release of pollutants at the Dow Chemical plant in Plaquemine, Louisiana, a state agency settled with the company over decades of permit violations. The Louisiana Department of Environmental Quality (LDEQ) signed a settlement agreement noting more than 100 incidents since 2013 resulting in alleged violations that each carry a maximum penalty of $32,500 per day, yet LDEQ settled the entire case for just $120,000.

These incidents highlight the importance of vigilance and adherence to safety protocols in chemical plant operations.

Legal Recourse for Injured Workers

When a worker is injured in a chemical plant accident, they may have several legal avenues to pursue compensation for their injuries and losses.

Workers’ Compensation: Louisiana’s workers’ compensation system provides benefits to employees who are injured on the job, regardless of fault. These benefits can include medical expenses, lost wages, and disability payments.
Personal Injury Lawsuits: In some cases, an injured worker may be able to file a personal injury lawsuit against a negligent third party, such as a contractor, equipment manufacturer, or another company operating at the plant. To prevail in a personal injury lawsuit, the worker must prove that the third party’s negligence caused their injuries.
Intentional Tort Claims: If an employer intentionally causes an employee’s injury, the employee may be able to pursue an intentional tort claim outside of the workers’ compensation system. However, these claims are difficult to prove, as the worker must demonstrate that the employer acted with the intent to injure them.

Statute of Limitations: Recent changes in Louisiana law have extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024 will still have a 1-year statute of limitation.

The Role of a Louisiana Personal Injury Attorney

Navigating the legal complexities of a workplace injury case can be challenging. An experienced Louisiana personal injury attorney can provide valuable assistance to injured workers by:

Investigating the accident: Gathering evidence to determine the cause of the accident and identify all responsible parties.
Evaluating the worker’s legal options: Determining the best course of action based on the specific circumstances of the case.
Negotiating with insurance companies: Working to secure a fair settlement for the worker’s injuries and losses.
Representing the worker in court: If a settlement cannot be reached, an attorney can represent the worker in court and advocate for their rights.

Seeking Justice and Accountability

When workplace injuries occur, it is essential to hold negligent parties accountable and ensure that injured workers receive the compensation they deserve. By understanding their rights and seeking legal counsel, workers can protect their interests and pursue justice.

If you or a loved one has been injured in a workplace accident in Louisiana, particularly in a chemical plant or industrial setting, it is crucial to seek legal advice from a qualified attorney. Contact our firm today for a free consultation to discuss your case and explore your legal options.