Electrocution on Site: Filing a Construction Accident Claim

Construction sites are inherently dangerous environments, and among the most serious risks workers face is electrocution. According to the National Institute for Occupational Safety and Health, around 400 fatalities occur every year from electrocution on construction sites. Electrocution is one of the leading causes of death in construction. CPWR – The Center for Construction Research and Training, found that during a 20-year study on fatalities from electrocution in construction, there were over 2,400 construction worker deaths due to electrical accidents. These incidents often result from a combination of factors, including exposed wiring, faulty equipment, and human error. When such accidents occur, understanding your rights and the process of filing a construction accident claim is crucial.

Common Causes of Electrocution Accidents on Construction Sites

Several factors contribute to the risk of electrocution on construction sites. Identifying these hazards is the first step in preventing accidents.

Contact with Power Lines: Workers may come into contact with overhead power lines, especially when operating cranes, scaffolding, or tall equipment near electrical infrastructure. Contact with overhead power lines is one of the leading causes of electrocution on construction sites.
Faulty Wiring and Equipment: Defective or improperly installed electrical wiring, equipment, or tools can lead to electrical malfunctions, shocks, or fires. Substandard wiring, damaged power tools, or defective machinery can lead to electrical accidents.
Inadequate Grounding: Insufficient grounding or failure to use proper grounding techniques can increase the risk of electric shock or electrocution. Improper grounding is another common cause of electrocution accidents.
Water and Moisture Exposure: Working in wet environments or handling electrical equipment with wet hands can enhance conductivity and increase the likelihood of electrical accidents.
Contact with Energized Parts: Workers may unknowingly come into contact with energized parts while handling electrical equipment or machinery.
Lack of Proper Safety Training: Inadequate training, lack of safety measures, or negligence in implementing lockout/tagout procedures can increase the likelihood of accidental contact with energized components, leading to electrocution.
Overloaded Circuits: Overloading electrical circuits is a common occurrence on construction sites where multiple tools and equipment are in use simultaneously.

Types of Injuries Resulting from Electrocution

The severity of injuries from electrocution can vary widely, depending on the voltage, duration of contact, and path of the electrical current through the body.

Burns: Electrical burns can range from superficial skin damage to severe internal burns, with the severity depending on the voltage and duration of contact.
Electric Shock: Electric shock can result in burns, nerve damage, cardiac disturbances, respiratory problems, muscle contractions, and other severe injuries.
Cardiac Arrest: The electrical current can disrupt the heart’s rhythm, leading to cardiac arrest and death.
Nerve Damage: Electrical injuries can cause long-term nerve damage, leading to chronic pain, numbness, and weakness.
Internal Injuries: Electrical accidents can cause internal injuries, such as damage to internal organs, the nervous system, or the musculoskeletal system.
Long-Term Effects: Survivors of electrical accidents may experience long-term physical, neurological, and psychological issues.

Filing a Construction Accident Claim: A Step-by-Step Guide

If you or a loved one has been injured or killed in an electrocution accident on a construction site, it’s essential to take the following steps to protect your rights and pursue a claim:

Seek Immediate Medical Attention: Your health is the top priority. Even if you feel fine, it’s crucial to get checked by a doctor, as electrical injuries can have hidden internal effects. All electrical shocks should be evaluated by a medical professional, no matter how insignificant they may seem.
Report the Incident: Notify your employer and site supervisor immediately. Make sure an incident report is filed, detailing the circumstances of the accident.
Document Everything: Take photos and videos of the accident scene, including the electrical equipment involved, the work environment, and any visible injuries. Collect names and contact information of witnesses.
Consult with a Construction Accident Attorney: Electrocution cases can be complex, involving multiple parties and intricate legal issues. An experienced attorney can evaluate your case, explain your rights, and guide you through the claims process.
Investigate the Accident: Your attorney will conduct a thorough investigation to determine the cause of the accident and identify all liable parties. This may involve consulting with electrical experts, reviewing safety records, and interviewing witnesses.
Determine Liability: To recover damages in a negligence lawsuit, you must prove 3 elements: The other person or entity owed you a duty of care; The other person or entity breached the duty of care (in most cases, this means the person or entity failed to behave as a reasonable person would under the circumstances), and You were injured and incurred damages as a result of the other person or entity’s breach.

Understanding Legal Considerations

Several legal factors come into play when filing a construction accident claim related to electrocution:

Workers’ Compensation: If you were injured while working, you are likely eligible for workers’ compensation benefits, which can cover medical expenses and lost wages. However, workers’ compensation may not fully compensate you for all your losses.
Third-Party Liability: In many construction accidents, a third party other than your employer may be responsible. This could include a general contractor, subcontractor, equipment manufacturer, or property owner.
Negligence: To pursue a third-party claim, you must prove that the other party was negligent, meaning they failed to exercise reasonable care, and their negligence caused your injuries.
Damages: You may be entitled to compensation for medical expenses, lost wages, pain and suffering, disability, and other damages.
Statute of Limitations: It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. Failing to file within the prescribed time frame can bar you from recovering compensation.

Who Can Be Held Liable?

Determining liability in a construction site electrocution requires a thorough examination of the accident’s circumstances. Potentially liable parties may include:

Employers: Employers have a legal duty to provide a safe working environment, including identifying electrical hazards, implementing safety measures, and providing proper training.
General Contractors: General contractors are responsible for overseeing the entire construction project and ensuring that all subcontractors comply with safety regulations.
Subcontractors: Subcontractors are responsible for the safety of their employees and for ensuring that their work does not create hazards for others on the site.
Equipment Manufacturers: If the electrocution was caused by a defective product, the manufacturer or others in the supply chain may be found liable.
Property Owners: The premises owner where the construction site is located may also be held liable for electrocution injuries if it is proven that the owner didn’t properly maintain the worksite.

Compensation for Electrocution Injuries

Victims of electrocution accidents may be entitled to various types of compensation, including:

Medical Expenses: This includes emergency care, surgeries, rehabilitation, and any future treatments related to the injury.
Lost Wages: Victims who are unable to work during their recovery may recover lost income.
Lost Earning Capacity: Severe injuries that prevent a return to work can lead to compensation for diminished future earning potential.
Pain and Suffering: Compensation may be awarded for physical pain, emotional distress, and the overall impact of the injury on the victim’s quality of life.
Wrongful Death Damages: If an electrocution injury results in death, surviving family members may seek compensation for funeral expenses, loss of companionship, and other related damages.

The Role of OSHA

The Occupational Safety and Health Administration (OSHA) plays a crucial role in preventing electrocution accidents on construction sites. OSHA sets and enforces standards for workplace safety, including electrical safety regulations. Employers must comply with OSHA standards to protect workers from electrical hazards. OSHA also conducts inspections of construction sites to ensure compliance with safety regulations.

Preventing Electrocution Accidents: A Shared Responsibility

Preventing electrocution accidents requires a collaborative effort from employers, workers, and other stakeholders.

Employers should provide comprehensive training on electrical safety, conduct regular inspections of equipment and wiring, and implement lockout/tagout procedures.
Workers should follow safety protocols, use personal protective equipment (PPE), and report any unsafe conditions to their supervisors.
All parties involved in a construction project should prioritize safety and work together to identify and mitigate electrical hazards.

Do You Have a Valid Claim?

If you’ve been injured in a construction site electrocution, determining the validity of your claim is crucial. Consider these points:

Duty of Care: Did the responsible party have a legal obligation to ensure your safety?
Breach of Duty: Did they fail to uphold this obligation through negligence or recklessness?
Causation: Can you directly link their failure to your electrocution and resulting injuries?
Damages: Have you suffered quantifiable losses such as medical bills, lost income, and pain and suffering?

Seeking Legal Assistance

Navigating the aftermath of an electrocution accident can be overwhelming. Consulting with a qualified construction accident attorney is highly recommended. A skilled attorney can:

Evaluate the merits of your claim
Investigate the accident thoroughly
Identify all potential sources of compensation
Negotiate with insurance companies
Represent you in court, if necessary

Electrocution accidents on construction sites can have devastating consequences. By understanding your rights and taking the necessary steps to file a claim, you can seek the compensation you deserve and hold responsible parties accountable. Contact a construction accident attorney today to discuss your case and explore your legal options.