Open-Air Burn Pit Injuries

During the Operation Enduring Freedom and Operation Iraqi Freedom era, the United States military operated various large burn pits to dispose of human and industrial waste at military bases. While most of the pits were designed for temporary military installations, the fumes created a dangerous airborne hazard to anyone in the vicinity.

At this time, there were no rules or regulations for what could be burned in these pits. As a consequence, many of the items thrown into the burn pits created toxic fumes. Some of the things burned in the military burn pits included:

• Batteries
• Human waste
• Jet fuel
• Paint
• Pesticide containers
• Oil and gas
• Weapons
• Vehicle parts

These items created various pollutants such as:

• Particulate matter
• Polycyclic Aromatic Hydrocarbons
• Volatile Organic Compounds
• Halogenated Dioxins

According to the Environmental Protection Agency (EPA), exposure to these pollutants can result in heart attacks, asthma attacks, kidney and liver damage, central nervous system damage, and reproductive and developmental problems.

Burn Pit PACT Act Presumptions

To address the various issues that affected burn pit exposure victims, Congress and the Department of Veterans Affairs (V.A.) signed the Honoring Our Promise to Address Comprehensive Toxics (PACT) Act into law. The PACT Act applies to qualified veterans assigned to a duty station at certain military bases. These eligible veterans are entitled to presumptive benefits for specific health conditions related to toxin exposure.

While the Department of Defense acknowledges that the air on many military bases was contaminated, the PACT Act excludes thousands of federal civilian contractors who served at these bases. Some reports indicate that many deployed civilian contractors are developing the same chronic and severe conditions as similarly situated military personnel.

However, civilian workers are not entitled to presumptive benefits and instead must apply for benefits under domestic or federal workers’ compensation programs, such as the Defense Base Act (DBA). These workers are left with the seemingly impossible burden of having to prove that their condition directly resulted from or was aggravated by the conditions of their employment. This task is made even more difficult because there are limited records as to what was being incinerated. As such, many civilian contractors are experiencing challenges establishing exactly what toxins caused their condition.

In these cases, many civilian workers are turning to experienced DBA attorneys to help them secure benefits and compensation for their injuries from exposure to these burn pits.

Burn Pit Injury Claim Attorney

If you worked as a civilian contractor for the U.S. government and experienced burn pit injuries, contact the DBA attorneys at Friedman, Rodman, & Frank P.C. The DBA attorneys at our office have extensive experience handling complex toxic tort matters related to these and other types of injuries. In addition, to burn pit injury claims, the lawyers on our team represent clients in their claims under the Jones Act and Longshore Act. Further, we represent those stationed at Camp Lejeune between 1953-1987 and later diagnosed with cancer or other health problems related to the contaminated water at the base. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.