Reporting by WCIA.
A production worker has sued ADM for his injuries from a 2023 explosion at the Decatur, IL facility.
Three people were hurt in a dust explosion at a grain elevator in April 2023. One of them, Antonio McElrath, sustained “significant injuries” in the 18 months since, including third-degree burns to his head, neck, hands, arms and legs.
Lawyers on behalf of McElrath filed a 14-page lawsuit in Macon County Circuit Court Tuesday. They told WCIA they “will be seeking millions of dollars.”
McElrath’s lawyer says this is not only helping past victims; it’s about changing things to protect present and future employees.
“This lawsuit alleges willful conduct on behalf of ADM and its failure to protect its employees,” Timothy Shay, the attorney for McElrath said.
From the lawsuit, McElrath’s supervisor noticed smoke from a bucket elevator within the West Plant at its facility in Decatur. They directed McElrath to a location while they opened the elevator, when the explosion happened which immolated him.
The lawsuit said the company failed to conduct six annual inspections of that elevator, as well as specific maintenance actions.
“ADM therefore did willfully and wantonly… failed to ensure that employees, including plaintiff Antonio McElrath, who worked in buildings with indoor bucket elevators with combustible agricultural dust deflagration/explosion hazards were protected from those hazards, in willful violation of OSH Act of 1970,” part of the lawsuit reads.
OSHA previously cited ADM for four workplace violations and fined the company almost $325,000 in connection to this explosion.