Workers who were injured at a candle factory that was demolished by a tornado in Mayfield, Kentucky, have filed suit against the manufacturer, alleging that managers had threatened to fire employees who wanted to leave before the storm hit.
Eight people working the late shift at the factory were killed a week ago when the powerful twister ripped through the city in southwestern Kentucky. The storm was one of several that hit the region Friday night, killing at least 85 people.
Local news outlets reported that the lawsuit charges that managers at the Mayfield Consumer Products candle factory, were pushing employees to stay on the job to meet the Christmas demand, had other safety violations, and have engaged in a cover-up to protect the company. The suit alleges violations of Kentucky workplace safety regulations, which are designed to be the equivalent of the federal Occupational Safety and Health Administration, or OSHA, rules, CNN reported. The complainants seek an unspecified amount in compensation.
Company officials have denied the charges and have said workers were free to leave at any time.
National Public Radio reported that the factory had been cited for safety violations in recent years and had an injury rate that exceeds the industry average. In 2019, the company was fined $16,000 over safety issues.
It’s possible that the injured workers’ lawsuits could be dismissed by courts, due to the exclusive remedy of Kentucky’s workers’ compensation statute. The state Department of Workers’ Claims has not reported if any comp claims have been filed by employees or family members of employees at the candle factory.
Workers who were not physically injured at the plant will not be able to file post-traumatic stress disorder claims, a former Kentucky workers’ compensation commissioner said. Kentucky, unlike 33 other states, does not allow mental-only comp claims without an accompanying physical injury. Some states provide the mental stress benefits only for first responders.
Photo: Search and rescue crews work at the Mayfield Consumer Products candle factory early Sunday, Dec. 12, 2021. (Ryan C. Hermens/Lexington Herald-Leader via AP)
Topics Lawsuits Manufacturing Kentucky
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