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by The Stoddard Firm - January 23rd, 2025
Poultry is big business here in Georgia. It’s a cornerstone of our state economy, and chicken plants enjoy positions as key employers in several Georgia cities.
Unfortunately, this gives big poultry companies a great deal of power to play fast and loose with the safety of Georgia residents, and to continue with business as usual no matter what problems come up. Everyone needs these plants to keep running. Livelihoods depend on them. People are understandably willing to compromise a great deal to make this happen, and the poultry industry knows it. There’s very little to stop poultry companies from exploiting this position of power to keep their own profits flowing at all costs, and avoid ever reckoning with their mistakes.
Civil litigation is one of the few tools available to help victims of poultry industry negligence push back.
Poultry companies are responsible for the workplace safety of thousands of employees, the environmental safety of whole communities, and the food safety of millions of consumers around the world. That’s an enormous amount of trust, and these companies have a legal and moral duty to honor it — not take it for granted.
Late on the night of December 26th, 2024, a boiler exploded inside the Tyson chicken plant in Camilla, Georgia. The blast knocked an exterior wall outward and onto the cab of a nearby tractor-trailer.
A 61-year-old woman named Bajarma Batozhatov was resting in the truck’s sleeper compartment at the time. Rescue crews used heavy machinery to move the rubble and search for her, but they were only able to recover her remains. Autopsy results indicate that she was likely killed instantly in the blast.
Her husband, Tcyden Batozhatov, was inside the building during the incident but was not injured. He was making a stop at the plant as part of his work as a trucker. Neither of the Batoshatovs were employed by Tyson.
The explosion also started a fire in the plant, which burned for approximately three hours before being extinguished. Several workers suffered burn injuries, and two required hospital care.
A Tyson representative announced on January 7th that the plant had “resumed full operations.” The company has been less talkative, however, about when and to what extent it ceased operations in the first place.
Tyson’s initial public statement, released within hours of the explosion, promised a full investigation coordinated with local authorities, but did not specifically mention plant closures.
Meanwhile, neighbors of the plant reported that some employees were back at work as soon as the next day, in spite of the smell of smoke still being thick in the air. The Retail, Wholesale, and Department Store Union, which represents the plant’s employees, also released a statement that day, emphasizing that “there must be a thorough investigation into this incident, and workers must be able to work safely in the facility.”
Although the union’s statement did not directly criticize Tyson’s handling of the accident, both Tyson and the union acknowledged that they did not yet have all the facts about what caused the boiler to explode.
Assuming that the reports are accurate, and that some operations did resume on the 27th, it’s difficult to imagine that Tyson could have completely ruled out ongoing safety threats on the property first.
Like all businesses with physical premises, Tyson is legally responsible for making sure those premises are reasonably safe for guests.
Technically, as an employer, Tyson is also responsible for maintaining a reasonably safe workplace. However, the foibles of worker’s comp law make this responsibility more challenging to enforce.
Under worker’s comp law, employers are immune to almost all personal injury and wrongful death lawsuits from employees and their families. Instead, injured employees and bereaved families can collect compensation through the worker’s comp system itself. Collecting worker’s comp is usually quicker and easier than filing a lawsuit, because it doesn’t require any proof of fault. The downside, however, is that worker’s comp settlements are much smaller than what a court would typically award for the same incident.
So, essentially, when a worker is injured at a Tyson plant, Tyson is on the hook for the same relatively small amount of money, regardless of whether the plant’s safety standards were nearly perfect or grossly negligent.
Employer immunity to civil lawsuits only applies to the employer/employee relationship, however. Anyone not employed by Tyson who suffers harm as a result of Tyson’s negligence has the right to sue the company as normal.
This means that, depending on what exactly caused the boiler explosion, Tcyden Batozhatov might well have a case against Tyson for the wrongful death of his wife.
Even though Tyson is immune to personal injury lawsuits from its employees, that doesn’t mean the injured survivors of the explosion necessarily have to settle for the partial compensation available through worker’s comp.
People injured on the job still have the right to sue anyone who contributed to their injuries, other than their direct employer. So, in the case of the Tyson boiler explosion, the survivors might be able to sue:
Filing a lawsuit against a third party does not interfere with an injured worker’s right to collect worker’s comp. It’s fine to pursue both sources of compensation for the same incident.
There are also a few exceptions that may allow injured workers to sue their employers. The most common one is a denied worker’s comp claim. When an employer refuses to pay for an injured employee’s worker’s comp benefits, that employer is also waiving their own immunity and allowing the employee to pursue the matter through litigation.
It’s a sad truth that victims of corporate negligence almost never receive fair compensation for their injuries, unless they get expert legal help. The Stoddard Firm exists to provide that help.
The only thing more important to us than holding powerful companies accountable is getting survivors and grieving families the best possible settlement, so that they can move forward with the support they need. That’s why we independently investigate each case, examining the role of all possible defendants, from the obvious to the easily overlooked.
If you are Tcyden Batozhatov, or if you were injured in the Camilla Tyson explosion, please feel free to reach out by phone or chat to go over your options in more detail.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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