New Orleans , Louisiana ( CNN ) -- A fisherman who was hospitalized after becoming ill while cleaning up oil in the Gulf of Mexico has filed a temporary restraining order in federal court against oil company BP . 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 . He denied accusations from Clint Guidry , president of the Louisiana Shrimpers Association , that BP has been threatening workers who speak out about health concerns . Fishermen contacted by CNN have declined to speak publicly . Some , who are making as much as $ 3,000 a day cleaning up the oil , have said they fear losing their jobs with BP . `` The BP oil spill wiped out their professions and their jobs this year and possibly years down the road , '' Klick said . `` The only work they can get right now is with BP . '' The BP spokesman said there have been no threats against workers for speaking out . `` If they have any concerns , they should raise them with their supervisors , '' MacEwen said . `` They can also call the joint information center and make complaints anonymously . '' Wunstell is one of nine clean-up workers who were sent to the hospital with symptoms such as shortness of breath , nose and throat irritation , headaches , and dizziness . The restraining order requests that BP stop using dispersants without providing `` appropriate personal protective equipment '' to workers . Corexit , a dispersant , is being sprayed into the Gulf to break down the oil . The safety data information sheet from the manufacturer states that people should `` avoid breathing in vapor '' from Corexit , and that masks should be work when Corexit is present in certain concentrations in the air . BP has not supplied workers with masks when they work near the oil and dispersants . `` We 're been carrying out very extensive air quality since early on in this exercise , to make sure that we have working safe conditions , and thus far not found situations where there are air quality concerns that would require face masks , '' MacEwen said . He added that workers who want to wear masks are `` free to do so '' as long as they receive instructions from their supervisors on how to use them . According to Guidry from the shrimpers ' association , BP told workers they were not allowed to wear masks . `` Some of our men asked , and they were told they 'd be fired if they wore masks , '' he said . Tony Hayward , the chief executive officer of BP , offered another explanation for the fishermen 's illness : spoiled food . `` Food poisoning is clearly a big issue , '' Hayward said Sunday . `` It 's something we 've got to be very mindful of . It 's one of the big issues of keeping the Army operating . You know , the Army marches on their stomachs . '' An expert on foodborne illness cast doubt on Hayward 's theory . `` Headaches , shortness of breath , nosebleeds -- there 's nothing there that suggests foodborne illness , '' said Dr. Michael Osterholm , a professor at the University of Minnesota School of Public Health . `` I do n't know what these people have , but it sounds more like a respiratory illness . '' -- CNN 's Jennifer Bixler contributed to this report .
Order asks BP from destroying evidence taken from ill workers . John Wunstell Jr. wants oil company to provide masks to workers cleaning up oil . Score: 6