Delventhal Law Office — Personal Injury Attorneys

NEWSFLOYD COUNTYOCTOBER 14, 2026

Workers Treated After Gas Leak at New Albany Food Plant on Park East Boulevard

By Chad E. DelventhalUpdated October 14, 20263 min read

What happened at the New Albany food plant

Several workers were treated after a carbon monoxide and liquid nitrogen leak at a food plant at 525 Park East Boulevard in New Albany on Tuesday, October 13, 2026, according to WDRB and WAVE[1]. New Albany firefighters were called at about 4:31 p.m. to Fearless Innovative Food Company, formerly Kemper Foods, after workers felt lightheaded and dizzy.

WDRB reported that crews found high carbon monoxide levels, low-hanging fog, and liquid nitrogen residue on the floor. About 30 employees were working at the time.

The reported treatment numbers differ. WDRB's October 13 report said at least seven people were treated and fewer than 10 were transported. A later WDRB headline said seven were treated at the site and three were sent to a hospital. A News and Tribune report[2] said six were hospitalized. WDRB reported that people were taken to Baptist Health Floyd.

Fire officials said a malfunction between a bulk liquid nitrogen tank and a tunnel freezer appeared to be responsible, WDRB reported. The cause has not been finalized, and the investigation is ongoing.

Industrial food plant exterior in New Albany, Indiana, providing context for the reported workplace gas exposure.

What workers should do next

If you were exposed to a gas leak at work, follow up with a doctor even if your symptoms fade. Carbon monoxide exposure can have effects that are not obvious right away.

Report the injury to your employer in writing and keep a copy. Keep records of medical visits, bills, and time missed from work. Write down what you saw and felt, when your symptoms started, and who else was present. A work injury recordkeeping guide can help you organize those materials.

Workers hurt on the job in Indiana generally receive benefits through workers' compensation. If equipment made, installed, or serviced by another company may have played a role, a separate claim against that outside party may also be possible. The firm's guide to workers' compensation and third-party claims explains why the two paths must be evaluated separately.

Organized workplace incident and medical records relevant after an on-the-job gas exposure in Indiana.

Why location and deadlines matter

This incident happened at 525 Park East Boulevard in New Albany, Floyd County. A civil case against an outside party would ordinarily be filed in Floyd County or where a defendant is located.

Most Indiana personal injury claims must be filed within two years under Indiana Code 34-11-2-4[3]. Indiana's modified comparative fault rule, Indiana Code 34-51-2-6[4], reduces recovery by a person's share of fault and bars recovery when that person's fault is greater than 50 percent. Workers' compensation claims follow separate rules and deadlines. You can review a plain-language overview of Indiana injury claim deadlines, but the deadline that applies depends on the type of claim and the facts.

Floyd County courthouse setting in New Albany, relevant to potential Indiana civil claims arising from the workplace incident.

How Delventhal Law Office can help

Delventhal Law Office, LLC is a Fort Wayne personal injury law firm founded by attorney Chad E. Delventhal in 2009. The firm helps people across Indiana who are hurt because of someone else's carelessness, including workers hurt by equipment or products made or maintained by outside companies.

Attorney Chad Delventhal can explain how workers' compensation and possible outside-party claims fit together, identify which deadlines may apply, and help preserve relevant records. No outcome can be promised in any case. The firm offers a free case evaluation.

This post is based on public reporting, the investigation may be ongoing, and nothing here is legal advice or creates an attorney-client relationship.

Sources

  1. WDRB and WAVE (wdrbwave.com) ↩
  2. News and Tribune report (newsandtribune.com) ↩
  3. Indiana Code 34-11-2-4 (iga.in.gov) ↩
  4. Indiana Code 34-51-2-6 (iga.in.gov) ↩

Working with Delventhal Law

Common questions

How fees work, deadlines that matter, and what to expect when you call.

  1. How much does it cost to hire Delventhal Law Office?

    There is no up-front cost. Personal-injury cases are handled on a contingency-fee basis: you pay nothing unless we recover compensation for you. The initial consultation is free and carries no obligation. Call (260) 484-6655 to talk through your situation.

  2. How long do I have to file a personal injury claim in Indiana?

    Indiana generally gives you two years from the date of injury to file a personal-injury lawsuit (Indiana Code § 34-11-2-4). Shorter deadlines can apply when a government entity is involved or in some workers' compensation matters. The sooner you call, the more options you have.

  3. What if I'm partly at fault for the accident?

    Indiana follows a modified comparative-fault rule (Indiana Code § 34-51-2-6). You can still recover compensation as long as you are not more than 50% at fault. Your recovery is reduced by your percentage of fault. Even if you think you share blame, call us — the insurance company's first assignment of fault is often wrong.

  4. Do I have to come into the office to meet with you?

    No. We meet clients by phone, video call, at their home, or at the hospital. The Delventhal Law Office is in downtown Fort Wayne, but most of our clients live across Indiana and we come to you when that's easier.

  5. How quickly should I call after an accident?

    As soon as you can. Evidence disappears fast — skid marks fade, surveillance video is overwritten, witnesses move on. Insurance adjusters also start calling within days. Talking to us before you give a recorded statement protects your claim.

  6. What kinds of cases does Delventhal Law handle?

    We represent injured plaintiffs in car, truck, motorcycle, bicycle, and pedestrian accidents; workers' compensation and on-the-job injuries; wrongful death; slip-and-fall and premises liability; birth injuries; burn injuries; and other personal-injury claims across Indiana.

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