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John Wunstell Jr., is asking BP to give the workers masks and not harass workers who publicly voice their health concerns.
Wunstell, a shrimper, said he was paid by BP to use his boat, Ramie's Wish, to clean up oil that has been gushing into the Gulf since an oil rig sank about 40 miles off the Louisiana coast, gushing an estimated 19,000 barrels (798, 000 gallons) of crude a day.
In an affidavit, Wunstell wrote he started experiencing severe headaches and nasal irritation on May 24. Over the next few days, he also developed nosebleeds, an upset stomach, and aches.
On Friday, Wunstell was airlifted to West Jefferson Medical Center in Marrero, Louisiana, where he remained hospitalized Sunday.
Eight other workers were brought to the hospital this week and were all released.
"We need to start protecting these guys," said Jim Klick, Wunstell's lawyer.
In his affidavit, Wunstell described his experience at the hospital.
"At West Jefferson, there were tents set up outside the hospital, where I was stripped of my clothing, washed with water and several showers, before I was allowed into the hospital," Wunstell said. "When I asked for my clothing, I was told that BP had confiscated all of my clothing and it would not be returned."
The restraining order requests that BP refrain from "altering, testing or destroying clothing or any other evidence or potential evidence" when workers become ill.
Graham MacEwen, a spokesman for BP, said he could not comment on the restraining order, or on allegations that BP confiscated clothing.