09/01/2026
Case Study: $2.35 Million Wrongful Death Settlement After Fatal Toxic Chemical Exposure in Confined Space
Wrongful Death Claim Involving OSHA Safety Violations and Hazardous Chemical Exposure
Attorney Phillip A. Tatlow represented the family of a 53-year-old union painter who died after being exposed to dangerously high levels of toxic chemicals while working in a confined space at a sewer construction project in St. Charles, Missouri.
The wrongful death case involved allegations of serious workplace safety failures, including violations of federal OSHA requirements governing confined-space entry, respiratory protection, personal protective equipment, hazard communication, and safe work practices.
The case was ultimately resolved for a total settlement value of $2.35 million.
For privacy, the decedent and surviving family members are identified in this case study as SW, DW, and AW.
What Happened?
SW was a 53-year-old union painter employed by Coatings Unlimited, Inc.
On August 27 and 28, 2012, SW was working on the Boschertown Sanitary Sewer Project in St. Charles, Missouri. His work required him to enter confined spaces approximately 18.5 feet underground to clean and paint.
The chemicals being used included:
• Methyl ethyl ketone (MEK)
• Xylene
• Methyl isobutyl ketone
• Ethyl benzene
On August 28, 2012, SW was discovered motionless and unresponsive inside the confined work area. He had no pulse.
Emergency personnel responding to the scene entered the confined space wearing full protective turnout gear and self-contained breathing apparatuses because of the hazardous atmosphere.
SW died that day.
A post-mortem examination determined the cause of death to be acute methyl ethyl ketone toxicity.
Chemical Levels Were Allegedly Five Times the OSHA Exposure Limit
Investigation of the work area found methyl ethyl ketone at approximately 1,000 parts per million.
The OSHA permissible exposure limit cited in the case was 200 parts per million.
That meant the concentration allegedly present in the confined space was approximately five times the permissible occupational exposure level.
The hazardous atmospheric conditions became a central issue in determining how SW had been allowed to work inside the confined area and whether adequate safety precautions had been taken.
Alleged Confined-Space Safety Failures
The wrongful death claim alleged numerous failures to follow federal workplace safety requirements designed to protect employees working around toxic chemicals and in confined spaces.
The allegations included violations or failures involving:
• Confined-space entry procedures
• Atmospheric testing and monitoring
• Respiratory protection
• Personal protective equipment
• Hazard communication
• Chemical exposure controls
• Safe work practices
• Identification and management of hazardous working conditions
• Adequate workplace safety supervision
The lawsuit also addressed the responsibilities of multiple companies and individuals involved with the project, including the contractor responsible for SW’s work and parties responsible for job-site safety.
Who Was Responsible for Worker Safety?
Workplace injury and wrongful death cases involving construction projects can be complicated because responsibility for safety may extend beyond an injured worker’s immediate employer.
The lawsuit named multiple defendants, including Coatings Unlimited, Inc., KCI Construction Company, Inc., Environmental Management Corporation, and an individual identified as the competent person responsible for safety on the project.
A significant part of the case involved determining which companies and individuals had responsibility for creating, supervising, inspecting, or controlling the conditions in which SW was required to work.
This type of investigation can involve employment records, contracts, OSHA regulations, job-site safety plans, chemical exposure information, witness testimony, and expert analysis.
Wrongful Death Lawsuit Filed by SW’s Family
SW’s surviving spouse, DW, and his adult children filed a wrongful death lawsuit in the Circuit Court of St. Charles County, Missouri.
The family sought compensation for the consequences of SW’s death and also pursued punitive damages based upon the alleged safety violations surrounding the incident.
The litigation required examination of both the circumstances that caused the fatal exposure and the economic and personal losses suffered by SW’s surviving family.
The Result: $2.35 Million Settlement
The case was resolved in 2016 for a total settlement value of $2,350,000.
The settlement included both immediate lump-sum payments and structured future payments.
Settlement Structure
The resolution consisted of:
$1,551,000 in lump-sum settlement proceeds
and
$799,000 allocated to structured periodic payments
The structured portion of the settlement was designed to provide DW with continuing payments over an extended period rather than distributing the entire recovery at once.
The Circuit Court reviewed the settlement and distribution arrangement and found it to be proper, fair, and in the best interests of the plaintiffs.
Providing Long-Term Financial Protection for the Surviving Spouse
Because DW was SW’s surviving spouse and financially affected by his death, the overwhelming majority of the net recovery was allocated to her.
After attorney fees and litigation expenses, DW received a combination of immediate proceeds and structured settlement benefits designed to provide continuing financial support.
AW received a portion of the recovery as one of SW’s adult children.
The allocation reflected, among other considerations, the financial dependency of the surviving family members at the time of SW’s death.
Why This Case Matters
Workers assigned to confined spaces containing hazardous chemicals can face extraordinary risks when proper safety procedures are not followed.
OSHA confined-space and respiratory-protection regulations exist because workers can be overcome by toxic substances before they recognize the danger or are able to escape.
This case illustrates why a thorough investigation following a fatal workplace accident may need to determine:
• What toxic substances were present
• The concentration of those chemicals in the work environment
• Whether atmospheric testing was performed
• Whether the employee was provided appropriate respiratory protection
• Whether OSHA confined-space procedures were followed
• Who was responsible for monitoring worker safety
• Whether contractors or other third parties exercised control over the work site
• Whether the death could have been prevented through reasonable safety measures
A workplace fatality can therefore involve legal issues extending well beyond a traditional workers’ compensation claim.
Third-Party Claims After a Fatal Workplace Accident
Workers’ compensation laws generally provide benefits when an employee is injured or killed in the course of employment. However, depending upon the circumstances, additional claims may sometimes exist against third parties other than the worker’s employer.
Construction projects frequently involve general contractors, subcontractors, property owners, equipment suppliers, safety consultants, and other companies.
Identifying which parties exercised responsibility or control over dangerous workplace conditions can significantly affect the legal options available to an injured worker or surviving family.
In SW’s case, the investigation and litigation involved multiple parties associated with the project and ultimately resulted in a $2.35 million resolution for his surviving family.
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Frequently Asked Questions
Can a family bring a wrongful death claim after a fatal workplace accident?
Potentially. Workers’ compensation may provide certain benefits following a workplace death, but surviving family members may also have claims against third parties whose negligence contributed to the death. The available claims depend upon the circumstances of the accident and applicable law.
What is a confined-space workplace accident?
A confined space is an area that may have limited entry or exit and may expose workers to hazardous atmospheric conditions. Examples can include tanks, tunnels, vaults, pits, sewers, manholes, and certain underground work areas.
Why are toxic chemicals especially dangerous in confined spaces?
Chemical vapors can accumulate rapidly in an enclosed or poorly ventilated area. A worker may inhale dangerous concentrations of a substance before realizing that conditions have become hazardous. Proper atmospheric monitoring, ventilation, respiratory protection, and confined-space procedures can therefore be critical.
What does OSHA require for confined-space work?
Depending upon the workplace and type of confined space, OSHA regulations may require employers to evaluate hazards, test atmospheric conditions, provide appropriate protective equipment and respiratory protection, establish entry procedures, train workers, and maintain emergency rescue procedures.
Can contractors other than an employer be liable for a workplace death?
In some circumstances, yes. A general contractor, subcontractor, property owner, equipment provider, safety contractor, or another third party may potentially bear responsibility if its actions or failures contributed to unsafe conditions. Liability depends upon the particular facts and applicable law.
What is a structured settlement in a wrongful death case?
A structured settlement uses part of a settlement to fund payments made over time rather than paying the entire amount immediately. Structured settlements can provide surviving family members with predictable future income and long-term financial security.
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About Attorney Phillip A. Tatlow
Phillip A. Tatlow represents individuals and families in serious personal injury, workplace injury, wrongful death, and complex litigation matters.
Cases involving catastrophic workplace injuries often require investigation of OSHA regulations, workplace safety procedures, chemical hazards, contracts between companies, medical and scientific evidence, and the responsibilities of multiple parties.
By examining not simply what happened but why it happened and who had the ability to prevent it, an attorney can identify potential sources of responsibility and pursue compensation for injured workers and their families.
Case Result: $2,350,000 Total Settlement Value
Prior results do not guarantee a similar outcome. Every case depends upon its individual facts, applicable law, available insurance coverage, and other circumstances.
