Idaho Radiation Exposure Lawsuit

Brian Simmons was exposed to radioactive dust while he was working on repacking radioactive plates at Battelle in Pocatello. In some circumstances, he was not given safety equipment at all when handling radioactive materials. The repackaging incident lead to the contamination of 16 works and the facility. Simmons is currently suing Battelle. He is making claims under the Energy Reorganization Act (ERA), the Price-Anderson Act(PAA), and other Idaho state laws.

The PAA provides relief for those who are injured as a result of a nuclear incident. Simmons claims that Battelle knew that repackaging the plates would result in injury, failed to warn him of the danger, failed to follow the safety regulations, and intentionally put Battelle in danger of exposure.

Simmons suffered from nausea, vomiting, and malaise from the exposure and he is worried about potential long-term health problems such as cancer.

Battelle tried to dismiss the case, but the United States District Court for the District of Idaho denied the motion to dismiss based on a previous case in 2005 (Dominguez, ex rel. Hamp v. Evergreen Res., Inc.,). Battelle said that it was a typical work accident, and allegations don't provide enough information to prove any wrongdoing under the PAA.

Simmons claims for negligence are based on the amount of radiation he was exposed to. Currently, there are experts calculating that amount, so they can continue the suit.

Comments from Allen:
Typically, a worker injured on the job may only pursue his remedy under the worker's  compensation laws.  The remedy is limited to a set schedule of benefits depending upon how much the injury impaired his ability to function ("impairment"), and how much the injury prevents the worker from earning money ("disability").

In this case, the worker believes he can obtain greater benefits under a specific federal statute designed to protect workers from exposure to radiation.  In order to be eligible for these benefits, he needs to show that his injuries "resulted from the willful or unprovoked physical aggression of the employer."  

 Whether Mr. Simmons can do that remains to be seen.  However, he has survived the attempt by his employer, Battelle, to have the case thrown out on the basis that his allegations in his complaint were precluded by the exclusive remedy provided by the worker's compensation laws.  He alleged that his injuries resulted from the willful or unprovoked physical aggression of the employer, so the court allowed Mr. Simmons' case to proceed.
Mr. Simmons can only succeed if he proves Battle knew of a real danger to radiation exposure and compelled Mr. Simmons to work on the project without adequate protection or warning of the danger.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.courthousenews.com/2015/08/04/Battelle%20Worker.pdf

 http://www.courthousenews.com/2015/08/04/workers-radiation-exposure-lawsuit-still-glowing.htm

http://law.justia.com/cases/federal/district-courts/idaho/iddce/4:2014cv00294/33779/19/

Comments

  1. Baker and Harris Law OfficeSeptember 19, 2019 at 10:02 PM

    This comment has been removed by the author.

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  2. Baker and Harris Law OfficeSeptember 19, 2019 at 10:04 PM

    Thanks for this post.This is very informative.Contact Baker & Harris Law Firm for workers compensation attorney in Idaho! We can help you receive the worker’s compensation benefits to which you are legally entitled.

    ReplyDelete

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