Electrocution accidents are unfortunately prevalent on construction sites. Electrocution was responsible for approximately 8% of construction worker deaths in 2021, and the construction industry had the highest number of electrical fatalities of any other industry between 2011 and 2023.
If you were injured in an electrocution accident while performing your job duties, assessing who was legally liable, if anyone, can help you understand how to move forward. An experienced construction accident lawyer in NYC can provide legal guidance through this process and help you understand your options for seeking compensation.
Common Causes of Electrocution on Construction Sites
As many as 61% of all U.S. workplace electrocutions have occurred in the construction industry. With the proper safety protocols in place, such accidents should not happen. However, electrical safety violations can quickly lead to serious consequences.
Assessing the cause of your electrocution accident can help you begin to pinpoint whether someone was liable. Here are a few common causes of construction site electrocution injuries:
- Failure to follow tagout or lockout procedures: Construction workers must follow safety protocols to de-energize machines when not in use and notify others about potential hazards. Failing to follow these procedures can result in electrocution.
- Improperly grounding wires: Not connecting electrical devices to the grounding system disrupts the safe path of electrical currents, significantly increasing the risk of shock.
- Accidental contact due to cluttered conditions: A construction worker might accidentally come into contact with live wires or other electrical hazards if the site is disorganized or cluttered and proper labeling protocols have not been followed.
- Failure to use safety equipment: Construction workers should wear insulated gloves, non-conductive footwear, and other personal protective equipment (PPE) to protect against electricity. The site should use properly insulated cables and ground-fault circuit interrupters. Failing to use any of this equipment can lead to electrocution.
Electrocution accidents often result from failing to follow safety protocols. However, multiple parties might technically be responsible for this breach. A construction accident lawyer in NYC can help you understand how liability might apply to your accident case.
Potential Liable Parties in Construction Site Electrocution Injuries
Who can be held responsible for an electrocution accident on a construction site? Several different parties might be partially responsible for this type of accident, such as:
- A general contractor or project manager, for failing to ensure that the construction site met safety standards
- An electrical subcontractor who installed equipment or performed wiring incorrectly, leading to a malfunction
- A property owner who failed to disclose electrical hazards
- A manufacturer that released a defective product, leading to a malfunction
- An architect who designed the property unsafely, creating the conditions for electrical hazards to emerge
Assessing the liable party is a process that often requires reviewing evidence from the accident closely with the help of a construction accident attorney. Accident reports, security footage, photos of the scene, and witness testimonies can help those who were injured in electrocution accidents piece together how the accident happened and who might be responsible.
When assessing liability in a construction site accident, remember that if you plan to or have already pursued a workers’ compensation claim, you may not be able to hold your employer directly liable for the accident. Workers’ compensation is a no-fault system, meaning even if you were technically responsible for the accident, you might still qualify as long as the incident happened while you were completing your job duties.
Potential Compensation Options After Electrocution Accidents on Construction Sites
Understanding who can be held responsible for an electrocution accident is an important step in seeking compensation. Your construction accident lawyer in NYC can help you explore potential avenues for compensation.
If the accident happened at work, you likely qualify for workers’ compensation. The majority of New York construction companies are required to offer workers’ compensation to their employees. This benefit would help pay for your medical expenses and time off work due to the injury. By accepting workers’ comp, you agree not to hold your employer directly liable for the incident.
New York law only permits workers to sue their employers for injuries in a few select cases. If one or more of the following criteria are true, you may have grounds to pursue an injury case against your employer:
- Your employer intentionally caused your injury.
- Your employer does not carry workers’ compensation insurance.
- Your employer’s reckless disregard for safety regulations led to the accident.
Talk to a construction accident attorney about whether any of these conditions might apply to your case. If so, you may be able to pursue legal action against your employer and potentially claim more compensation than you could through a workers’ compensation claim.
If a third-party entity is liable for the accident, such as a negligent contractor or manufacturer, you may have the right to take legal action against that entity to seek damages. In some cases, injured workers can pursue both workers’ compensation claims and third-party liability cases. Generally, a lawsuit would only cover the damages beyond what you could receive through workers’ compensation in this scenario.
Types of Compensation That May Arise in Construction Accident Lawsuits
If your attorney advises you to pursue legal action against the liable party in your electrocution accident case, you may be able to seek both economic and non-economic damages. Damages help make you “whole” again after an accident that occurs due to another party’s negligence.
Economic damages account for the direct monetary costs of the accident, such as:
- Facturas médicas
- Baja laboral
- Lost earning capacity
Non-economic damages help make up for the physical or emotional costs of the accident that do not have a direct price tag, such as:
- Angustia emocional
- Dolor y sufrimiento
- Pérdida de calidad de vida
When electrocution accidents involve extreme recklessness or egregious behavior, the plaintiff may be able to seek punitive damages, which come out of the defendant’s pocket.
A construction accident lawyer in NYC can help you assess the types of damages that may be available in your case.
Consult a New York Construction Accident Lawyer
If you were injured in an electrocution accident on a construction site, exploring your options for compensation can help you understand how to proceed. Depending on the circumstances of the case, you may be able to seek workers’ compensation or hold a party directly liable for the accident.
William Schwitzer & Associates, PC, assists injured construction workers across NYC with workers’ compensation and liability claims. We have extensive experience with compensation claims for electrocution at work and can help you clarify your options.
Request a free consultation with a construction accident lawyer in NYC today by calling 212-683-3800.
Preguntas frecuentes
How long do you have to file a third-party injury lawsuit in NY?
You generally have three years from the accident date to file a third-party injury lawsuit. However, if you are suing a city or state agency, this deadline is shorter; you have 90 days to provide notice to the agency, and a total of one year and 90 days from the accident to file a lawsuit.
Can you sue for wrongful death after a construction site accident?
If your loved one passed away in an electrocution accident on a construction site, you may have the right to file a wrongful death claim, depending on the circumstances.
Who is responsible for maintaining a safe work environment for electrical employees?
Employers are generally responsible for maintaining a safe environment by following electrical safety standards and taking steps to minimize the risk of electrocutions on their worksites. If your employer failed to maintain a safe work environment, talk to a construction accident lawyer in NYC about your options.
