TYLER, Texas — Six Brookshire’s employees filed a lawsuit against the company two years after a major workplace accident.
In September of 2017, more than 1,000 pounds of ammonia leaked at the Brookshire’s Distribution Center, injuring 16 people.
Attorney Andrew Smith, who is representing the six employees, says his clients are still affected by the exposure to ammonia.
"They're all showing signs of respiratory damage or injury," Smith said. "Now, in each individual, that kind of exposure is going to manifest a little bit differently."
Although, none of the injuries were considered life-threatening at the time, Smith says that their exposure can result in long-term health risks.
"The kind of injuries that can result from acute high exposures to anhydrous ammonia vapors are in very simple terms the scarring and, or death or fibrosis of the tissue of your lung," Smith said.
The lawsuit says the ammonia alarms in many buildings were not operational and many employees exited the building where the leak had occurred because they were alerted of the leak by a co-worker from a text message.
Brookshire declined CBS19’s request for an interview but did provide the following statement:
"Brookshire Grocery Co. received a petition last week of a pending lawsuit against the company, which includes six employees and one third-party employee, as a result of an incident on Sept. 1, 2017. There were numerous Brookshire’s and third-party employees who were on-site and working alongside these individuals. Only these six individuals are making claims for personal injuries in this lawsuit. Any individual who expressed health concerns following this event was offered immediate medical care. Brookshire Grocery Company is defending these claims and it is our policy to refrain from commenting on details of pending litigation. Safety continues to be a top priority for the company."
Smith says the exposure to the ammonia put the employees in a potentially deadly situation and Brookshire’s should be held accountable.
"I mean these exposures can lead to death. So, at this high level of ammonia exposure that was documented in the OHSA report, there's significant exposure for these gentlemen as well as many others in the area," Smith said.
The OSHA report found eight serious violations from that day and fined Brookshire's more than $60,000. According to a representative from Brookshire's, the fine was reduced by almost 50 percent after the company contested the initial citation.
Smith says he hopes to take the case to trial in 2020.