Another complaint filed against Daikin America’s Decatur factory

DECATUR, Alabama (WAFF) – The WAFF investigation has revealed another lawsuit against Daikin America, a Decatur chemical plant. Daikin employee named in the lawsuit, Will Delashaw, is in hospital trying to recover from chemical exposure.

According to his lawyers, he was exposed in the same incident that killed Daikin employee Wesley Rusk in August. Delashaw still doesn’t know what he was exposed to months later.

“They are focusing more on saving money than saving lives,” said lead counsel in this case, Kendall Dunson.

The families of two other alleged victims of chemical exposure are also suing Daikin.

“He was doing his job with two employees when they were exposed to some type of toxic chemical. They were all injured and my client is now in the hospital fighting for his life, ”said Dunson.

Rusk, the Delashaw employee at the time of the chemicals exposure, died in August. Delashaw was first taken to Decatur-Morgan Hospital, but was eventually transferred to UAB and remains in intensive care.

“He’s on a list for a lung transplant and you know his life will be forever changed even if he does,” Dunson said.

Dunson says Delashaw is automatically entitled to compensation for workers. Dunson says if more responsibility is found outside of Daikin, it will be added to the lawsuit – like the maker of the mystery chemical or the PPE.

“They were wearing their PPE however, regardless of this chemical reaction, the respirator and PPE obviously did not protect them,” Dunson said.

Dunson says the lawsuit has been going on for about a month and he wants to put an end to everything that is going on at this facility.

“Obviously you know there are some things that are not done when you have multiple incidents of these exposures that result in serious bodily injury and / or death, that’s a problem. You go to work to support yourself and your family. You don’t go to work to be killed or to be seriously injured, ”Dunson said.

Daikin said they would not comment on the pending litigation. Dunson says he wants to work with lawyers representing other victims of Daikin, OSHA and even Daikin to make sure a tragedy like this is the last time it happens.

Copyright 2021 WAFF. All rights reserved.

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