Law firm representing those injured after chemical spill at LyondellBasell facility say company knew better

LA PORTE, Texas - Several groups are investigating what caused a chemical spill inside LyondellBasell Tuesday night including, the EPA, OSHA, the Chemical Safety Board, TCEQ, and the Harris County Fire Marshal. And now a local trial law firm, Abraham Watkins, can be added to that list. 

"We represent some of the people that were in the hospital, one gentleman was hospitalized and let go at 3 in the morning," said Benny Agosto, Attorney with Abraham and Watkins. "He is bedridden with injuries to his lungs, chest, and his body."

Benny Agosto is a prominent attorney with the firm. He tells FOX 26, they are now representing eight out of the dozens who were injured either by inhaling the chemical or were injured trying to escape.

"It’s very likely that the people who died inhaled it, so much so that it burned their lungs and they couldn’t breathe," said Agosto.

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Agosto says they are also speaking with one of the two families who lost a loved one.

"It’s a very difficult situation when a young man dies," said Agosto. "Really, the duty is on the company to keep them all safe, because the workers are all there providing service for the company to make money."

LyondellBasell released a statement Wednesday, saying that the particular unit where the incident occurred, was shut down for maintenance. 

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Agosto, who has worked on many similar cases, believes it comes down to lack of training and procedures not being followed. 

"Everybody will tell you the most dangerous time are during shut down or startup," said Agosto. "This is well known in the industry, Lyondell knows this and you have to take extra precautions."

The law firm plans on filing the suit as soon as Thursday.