The family of a worker who died over the summer while working at a Westar Plant near Topeka have filed a lawsuit in federal court.
The suit was filed on behalf of the children of Damien Burchett of Manhattan. Burchett and co-worker Jesse Henson of Overbrook were killed at the plant on June 3rd when the elevator they were in filled with superheated steam. The two were investigating a loss of steam at a safety release valve. The valve is intended to vent steam outside should pressure rise too high.
Investigators determined that the steam release valve had been ripped apart or failed completely, leading to the workers’ deaths.
“Upon the elevator door opening on the 14th floor, (the men were) engulfed in flesh-boiling steam that had filled the room,” the lawsuit said. ”(Burchett) was exposed to the steam release and suffered severe burns that caused him to endure a horrific death.”
Westar is not named in the lawsuit, which instead targets three companies involved with the manufacture and maintenance of the plant’s steam valves. Those companies are Team Industrial Services, responsible for maintenance work, Emerson Electric Co., the steam valve’s manufacturer, and Siemens, which constructed the steam turbines.
The suit also challenges a state law limiting compensation at $250,000 for the families of workers who die in on-the-job accidents. It argues that the limit, which applies to employers, does not extend to equipment manufacturers or subcontractors.
