When the 70,000-barrels-a-day oil spill from its Deepwater Horizon platform threatened to make landfall, BP began circulating questionable contracts to coastal Alabamians. The contract seemed to say that Alabamians would give up their right to sue the company over oil-spill-related damage in exchange for an immediate payment of $5000. In response, Alabama Attorney General Troy King, contacted the company, telling them to stop circulating the agreement. He also made a public statement, saying that "people need to proceed with caution and understand the ramifications before signing something like that. They should seek appropriate counsel to make sure their rights are protected."
In response, representatives from BP claimed that they "did not ask residents of Alabama to waive their legal rights." Then the company admitted it had included waivers on contracts it had given out and described it as "an early misstep." The contracts were for people to help with the cleanup efforts, and the company added "It was a standard contract the team was using."
According to BP spokesmen, there was never a plan to enforce the waivers, waivers have been stripped from all new contracts, and any waivers already signed would not be enforced.
BP Issues New Waiver
However, there are reports that BP has added a different waiver to its contracts for cleanup crew workers. This waiver is intended to protect BP from all "claims and damages in connection with use of equipment connected with the Response Activities." Unfortunately, there are likely to be many injuries related to the cleanup efforts, if the cleanup efforts following the Exxon Valdez spill are any indication.
People working on the spill in Alaska became seriously ill, and many of them died as a result of inhaling toxic fumes and handling the even more toxic cleanup chemicals. The formulas of these toxic cleanup chemicals are kept very secret, but many of them are arguably worse than the oil they are being used to disperse. One toxic chemical used in the Valdez cleanup and suspected of use in the BP cleanup is 2-butoxyethanol, a toxic benzene derivative, which can be inhaled or absorbed through the skin, causing kidney damage, respiratory problems, even death.
By attempting to secretly absolve itself of the crippling illness and even death of not just employees but the selfless volunteers who rush to protect their state, their environment their homes, and their families from this oil spill, BP is exhibiting extreme callousness.
White House Seeks to Raise BP's Liability in Oil Spill
The White House is also taking steps to ensure more money is available to pay for cleanup of the oil spill. Currently, BP is limited to a $75 million cost for claims not directly connected to cleaning up the spill. These other payments include compensation for Alabamians who lost money and revenue due to damage to the fishing industry and tourism, but do not include claims that may be made under Alabama law. This increased liability may make it easier for Gulf States like Alabama to recover from the oil spill.
Protecting Your Right to Compensation
After the initial mistake of issuing misleading waivers, BP has said that "where legitimate claims are made, we will be good for them." Attorney General King has responded to this statement saying, "That sounds like fancy lawyer talking to me." He said that while nearly 2,000 claims had been made with BP, only about $600,000 had been paid, an average of only $300 per claim. A BP representative had earlier told fishermen in Bayou La Batre that claims less than $5000 would be paid right away, but others would be sent to their legal department. It is perhaps only coincidence that this is the same amount that was connected to the suspicious waivers that BP claims were accidental.
King has said of BP, "They should make you whole," but between the waivers and the delays and the legal roadblocks, there is concern about what it might take for people to get the compensation they deserve. Before signing anything from BP and before even filing a claim, people are encouraged to talk to a lawyer.
To learn more about how to protect your right for compensation in this tragedy, visit the website%20of%20Alabama%20law%20firm,%20Long%20&%20Waite,%20P.C." website of Alabama law firm, Long & Waite, P.C. today.
