Six years after the BP Deepwater Horizon drilling rig explosion, thousands of workers who helped clean up the oil spill in the Gulf of Mexico continue to suffer from health issues. The court settlement that was meant to compensate them has not worked out as expected, leaving many without the financial support they need. The settlement was supposed to provide money to victims without burdening them with the task of proving their claims. However, in practice, a smaller number of people received compensation, and the amount was less than expected.
Exposure to the oil spill and the dispersant used to break up the oil, Corexit, has led to various health issues among the workers. The dispersant, in particular, can damage cells that protect airways, leading to breathing problems over time, while the oil itself contains toxic components like benzene, which can cause a range of health issues. Workers who were exposed to oil were more likely to experience dizziness, nausea, lung problems, and heart attacks, according to major studies.
One of the main issues with the settlement was the lack of medical proof required for higher compensation payouts. While individuals with long-term illnesses could receive up to $60,700, very few had the necessary medical evidence at the time the settlement was approved. A disagreement between BP and the workers’ attorneys over a key date further complicated matters, leading to thousands of workers being ineligible for compensation through the routine claims process and forcing them to file individual lawsuits.
Workers who pursued legal action in federal court faced significant challenges. BP alleged that some firms had manufactured medical diagnoses, leading to the dismissal of many cases. Workers struggled to prove that their illnesses were directly caused by exposure to oil and dispersant, facing skepticism from judges and BP’s experts. Many law firms with numerous cases found it difficult to handle the strain and ended up abandoning the cases. Most judges sided with BP, rejecting workers’ experts as unreliable.
Looking ahead, the Downs Law Group, which has lost hundreds of cases against BP, is pursuing appeals in federal circuit courts in hopes of obtaining justice for the affected workers. The issue of the burden of proof needed for toxic exposure cases is considered crucial not only for the BP oil spill workers but also for others who have been exposed and are seeking justice. The broader implications of these legal battles extend beyond the BP oil spill, highlighting the challenges faced by individuals seeking compensation for exposure-related health issues.
