Local Refinery Worker Possibly Awarded Largest Injury Settlement in Louisiana History

A Baton Rouge jury has awarded what’s believed to be the largest single-plaintiff personal injury settlement in Louisiana history—$411 million—to a Texas scaffolding contractor who suffered a horrific injury while working at a Lake Charles refinery.

Jose Valdivia, now 28, was struck in the head by a 19-pound metal pipe while working at a Phillips 66 refinery on August 2, 2022. The pipe had reportedly been passed up to another worker when it slipped and fell, hitting Valdivia and causing devastating spinal injuries. Once an able-bodied contractor supporting his sister’s nursing education, Valdivia now struggles with mobility and memory loss and requires full-time care, according to a report from The Advoca te.

The jury’s decision included $109 million for future medical care, pain, and emotional distress, and another $154 million for loss of enjoyment of life. Valdivia's legal team successfully argued that the accident could have been prevented and that Brock Services, his employer at the time, ignored basic safety protocols and failed to report the injury to OSHA, possibly to avoid liability.

The Advocate says OSHA confirmed it never received a report of the incident and now cannot investigate due to a six-month statute of limitations. An occupational physician contracted by Brock initially classified the injury as minor, but later retracted that assessment after reviewing previously withheld documents during trial proceedings.

Brock Services has denied wrongdoing, arguing that the incident was a workplace accident governed by Louisiana’s worker compensation laws and plans to appeal the verdict.

Valdivia’s attorneys say the scale of the verdict reflects the jury’s belief that the company’s conduct went beyond simple negligence. The case has drawn statewide and national attention for its implications on workplace safety and employer accountability.

Read the full story from The Advocate here.